HomeMy Public PortalAboutOrdinance No. 1255-13 10-01-2013ORDINANCE NO. 1255-13
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 10 "BOARDS, COMMITTEES, COMMISSIONS"
OF THE RICHLAND HILLS MUNICIPAL CODE ("CITY CODE") BY
AMENDING SECTION 10-3 "TERM, APPOINTMENT, APPLICATION"
TO PROVIDE FOR THE APPOINTMENT, TERM, APPLICATION, AND
QUALIFICATIONS OF BOARDS IN GENERAL; BY AMENDING
SECTION 10-10 "ORGANIZATIONAL MEETING AND OFFICERS" TO
PROVIDE FOR THE ORGANIZATIONAL MEETINGS AND OFFICERS
OF BOARDS IN GENERAL; BY AMENDING SECTION 10-31
"CREATION, QUALIFICATIONS OF MEMBERS" TO PROVIDE FOR
CREATION, QUALIFICATIONS, COMPOSITION AND APPOINTMENT
OF MEMBERS TO THE ANIMAL SHELTER ADVISORY BOARD; BY
AMENDING SECTION 10-32 "COMPOSITION, APPOINTMENTS AND
TERMS OF MEMBERS" TO PROVIDE FOR ELECTION OF OFFICERS
OF THE ANIMAL SHELTER ADVISORY BOARD; BY DELETING
SECTION 10-91 THROUGH SECTION 10-96, SECTION 10-121
THROUGH SECTION 10-126, SECTION 10-151 THROUGH SECTION
10-156, SECTION 10-211 THROUGH 10-216, SECTION 10-241
THROUGH SECTION 10-246, SECTION 10-301 THROUGH SECTION
10-306, AND SECTION 10-331 THROUGH SECTION 10-336; BY
AMENDING SECTION 10-411 "CREATION, QUALIFICATIONS,
COMPOSITION AND APPOINTMENT OF MEMBERS" TO PROVIDE
FOR THE APPOINTMENT OF MEMBERS, BY AMENDING SECTION
10-412 "ELECTION OF OFFICERS" TO PROVIDE FOR THE ELECTION
OF OFFICERS, AND BY AMENDING SECTION 10-415 "POWERS OF
THE BUILDING BOARD OF APPEALS" TO PROVIDE FOR AND ALTER
THE POWERS AND DUTIES OF THE BUILDING BOARD OF APPEALS;
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
WHEREAS, the Richland Hills City Council has determined that certain provisions
pertaining to Chapter 10 "Boards, Committees, Commissions" should be amended; and
WHEREAS, the Richland Hills City Council has determined that the Economic
Development Advisory Board, Crime Prevention Advisory Board, Special Events
Committee, Library Advisory Board, Parks and Beautification Advisory Board, Public
Transportation Advisory Board, and the Teen Court Advisory Board should be dissolved
and thereby deleted from Chapter 10 "Boards, Committees, Commissions"; and
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WHEREAS, the Richland Hills City Council has determined that the members of
the Building Board of Appeals should be persons other than the members of the City
Council; and
WHEREAS, the City Council finds that this ordinance is in the best interests of the
citizens of the City of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
Section 10-3 (a) of Article I of Chapter 10 of the Richland Hills Municipal Code is
hereby revised to read as follows:
Sec. 10-3. Appointment, term, application, qualifications.
(a) Except as otherwise provided in this chapter, any member of the council shall be
entitled to nominate a member to any vacancy to a board provided for in this chapter, be it
for appointment of members for full terms or for the remainder of the unexpired term of
members whose place becomes vacant.
(b) Each nomination shall be subject to approval by majority vote of the city council
present. Except as otherwise provided in this chapter, all board members and alternates
shall serve two year terms commencing in October. The council shall review applications
and make board appointments in September. Except as otherwise provided in this
chapter, all board members shall be registered voters within the city.
SECTION 2.
Section 10-10 of Article I "IN GENERAL" of Chapter 10 of the Richland Hills
Municipal Code is hereby revised to read as follows:
Sec. 10-10. Organizational meetings and officers.
All boards shall have an organizational meeting in October of each year to review rules
and procedures. Except as otherwise provided by state law, City Charter, or this chapter,
the officers of the boards shall be a chairman and vice-chairman selected by a majority
vote of the City Council. Each board shall have a secretary, who shall be appointed by the
city manager.
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SECTION 3.
Section 10-31 of Article II "ANIMAL SHELTER ADVISORY BOARD" of Chapter 10
of the Richland Hills Municipal Code is hereby revised to read as follows:
Sec. 10-31. Creation, qualifications, composition and appointment of members.
(a) The animal shelter advisory board shall be composed of five members and up to two
alternates appointed by the Council in accordance with Section 10-3 of this chapter.
(b) The five members of this board shall hold places 1 through 5. Place 1 shall be held by
a licensed veterinarian; place 2 shall be held by a representative of an animal welfare
organization; place 3 shall be held by a municipal official who may bean elected official or
an employee of the city; place 4 shall be held by a person whose duties include daily
operation of the animal shelter; place 5 shall be held by a person who volunteers at the
animal shelter.
(c) The persons who are appointed to places 1 through 4 need not be registered voters
within the city, but registered voters within the city shall be given preference for
appointment. The person appointed to place 5 shall be a registered voter within the city.
The persons appointed as alternates to this board need not be registered voters within
the city, but registered voters within the city shall be given preference for appointment.
(d) The chair and vice chair shall be selected as provided in section 10-10 of this chapter.
The person who holds place 3 on the board shall serve as secretary.
SECTION 4.
Section 10-32 of Article II "ANIMAL SHELTER ADVISORY BOARD" of Chapter 10
of the Richland Hills Municipal Code is hereby revised to read as follows:
Sec.10-32. Prohibition.
No member may serve as city representative to a local, state, or national organization
without prior approval by a majority vote of City Council.
SECTION 5.
The following sections and articles of Chapter 10 of the Richland Hills Municipal
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Code are hereby deleted and the boards and committees provided for in these sections
are hereby dissolved:
Section 10-91 through Section 10-96 of Article III, Economic Development Advisory
Board; Section 10-121 through Section 10-126 of Article IV, Crime Prevention Advisory
Board; Section 10-151 through Section 10-156 of Article V, Special Events Committee;
Section 10-211 through Section 10-216 of Article VII, Library Advisory Board; Section
10-241 through Section 10-246 of Article VIII, Parks and Beautification Advisory Board;
Section 10-301 through Section 10-306 of Article X, Public Transportation Advisory
Board; Section 10-331 through Section 10-336 of Article XI, Teen Court Advisory Board.
SECTION 6.
Section 10-411 of Article XIV "BUILDING BOARD OF APPEALS" of Chapter 10 of
the Richland Hills Municipal Code is hereby revised to read as follows:
Sec. 10-411. Creation, qualifications, composition and appointment of members.
(a) There is hereby created a building board of appeals. The building board of appeals
shall be composed of five members and up to four alternate members appointed by
majority vote of the City Council, in the manner set out in (b), (c), and (d) below.
(b) The five members of this board shall hold places 1 through 5, each to be appointed to
two year terms. Each councilmember shall be entitled to appoint one member to the
board, to the place corresponding to the numbered place of the nominating
councilmember.
(c) The alternate members shall be appointed in accordance with section 10-3 of this
chapter.
(d) Vacancies shall be filled for the unexpired term of any member, whose place becomes
vacant for any reason, in the same manner as the original appointment.
(e) The members of this board should be qualified by experience and training to pass
upon matters pertaining to building construction and who are not employees of the City of
Richland Hills.
(f) Until such time as the building board of appeals is appointed as provided by this
section, or at any time there shall not be enough duly appointed members to constitute a
quorum to meet to hear an appeal to this board, City Council shall serve as the building
board of appeals.
SECTION 7.
Section 10-412 of article XIV of Chapter 10 of the Richland Hills Municipal Code is
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hereby revised to read as follows:
Sec. 10-412. Officers.
The chair and vice chair of the board shall be selected as provided in section 10-10
of this chapter.
SECTION 8.
Section 10-415 of article XIV of chapter 10 of the Richland Hills Municipal Code is
hereby revised to read as follows:
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 substandard building cases under Chapter 14 of the Code
and to hear, consider and determine appeals as set forth in all building codes adopted
and amended by the city, including but not limited to the following:
(1) International Building Code;
(2) The National Electric Code;
(3) The Uniform Housing Code;
(4) The International Fire Code;
(5) The International Mechanical Code;
(6) The International Plumbing Code;
(7) The International Residential Code; and
(8) The International Property Maintenance Code
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 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 10.
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,
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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 11.
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 1St DAY OF October, 2013.
THE O O B LAGAN, MAYOR
ATTEST:
CATHY BOUR CITY SEC RY
EFFECTIVE DATE: October 1, 2013
APPROVED AS TO FORM AND LEGALITY:
BETS~I_F_.L.~M~ CITY ATTORNEY
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