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HomeMy Public PortalAboutOrdinance No. 1342-17 12-11-2017ORDINANCE NO. 1342-17 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS DISSOLVING THE KEEP RICHLAND HILLS BEAUTIFUL ORGANIZATION; AMENDING THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY REPEALING AND REPLACING ARTICLE VI "KEEP RICHLAND HILLS BEAUTIFUL", CHAPTER 10 "BOARDS, COMMITTEES, COMMISSIONS" TO REFLECT THE CITY'S ROLE IN SELECTING THE PRESIDENT OF RICHLAND HILLS CONNECT; 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 Keep Richland Hills Beautiful organization, which was created by the City Council, has become inactive over the past year because of certain personal issues of various board members, and WHEREAS, the inactivity of the Keep Richland Hills Beautiful organization over this past year, there has been a void left for organized volunteer efforts on a city-wide scale; and WHEREAS, the City Council desires to fill that void with anon-profit organization that is separate from the City and will act as a volunteer organizer and community liaison for various grant opportunities available outside the City's reach; and WHEREAS, Richland Hills Connect has been created as the group to fulfill that role within the City; and WHEREAS, per the Richland Hills Connect bylaws, the City Council will be responsible for appointing the President of Richland Hills Connect; and WHEREAS, the City Council seeks to amend the Code of Ordinances, City of Richland Hills, Texas, to reflect the dissolution of the Keep Richland Hills Beautiful organization and the City Council's responsibility in selecting the Richland Hills Connect President; 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 The City Council hereby dissolves the Keep Richland Hills Beautiful organization. SECTION 2 Article VI, Chapter 10 of the Code of Ordinances, City of Richland Hills, Texas, is hereby repealed and replaced to read as follows: Article VI -Richland Hills Connect Secs. 10-181 - 10-186 -Reserved. Sec. 10-187 -President. There shall be a President of the Richland Hills Connect, who will be the principal executive officer of the organization and will, in general, supervise and control all of the business and affairs of the organization. In accordance with the Richland Hills Connect Bylaws, the President is to be appointed by a majority vote of the Richland Hills City Council and may be removed at any time with or without cause by the affirmative vote of a majority of the Richland Hills City Council whenever, in the Council's judgment, the best interests of the Richland Hills Connect shall be served by such removal. Secs. 10-18810-210. -Reserved. SECTION 3 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 are hereby repealed. SECTION 4 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 5 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required bylaw. SECTION 5 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 11~' DAY OF DECEMBER, 2017. ----~ ; ~ i' / --~ ! .;~ - HONO ~ I~ YOR BILL AGAN ;~ ATTEST: L G~ C HY BO G, CITY SEC ARY EFFECTIVE DATE: DECEMBER 11, 2017 AS TO FORM AND LEGALITY: ~~~~~'~~liilt~illlirl~i//~ -,,, -% .. .. ~~ ~~/retrt~~~~;E~t;~~.~;~'. TTORNEY BYLAWS Richland Hills Connect ARTICLE I -NAME AND LOCATION The name of the organization will be Richland Hills Connect (RHC). RHC will be located at 3200 Diana Drive, Richland Hills, TX 76118. ARTICLE II -PURPOSE RHC is an all-volunteer, non-profit organization whose purpose is to provide charitable and educational services to the residents of Richland Hills. This corporation is organized exclusively for charity, advocacy, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. ARTICLE III -MEMBERS AND MEMBERSHIP Any person, business or organization interested in supporting the goals of RHC may become a member upon Executive Board approval of a completed application. ARTICLE IV -ACTIVITIES In order to further its purpose, RHC is encouraged to (1) help raise funds and recruit volunteers, (2) engage in community activities, (3) form community partnerships to include possible reciprocal memberships and joint activities, and 4) other activities in the best interest of the community. ARTICLE V -EXECUTIVE BOARD MEMBERS AND DUTIES The officers of RHC, hereafter referred to as the Executive Board, will consist of the President, Vice President, Treasurer, Secretary, and the Richland Hills City Manager (ex-officio). Executive Board Members will attend Executive Board meetings. They will be active participants and voting members of the Executive Board. No person shall hold more than one office. Officers shall be appointed/elected to serve two year terms and shall serve no more than three consecutive terms in the same position. A. PRESIDENT: The President will be the principal executive officer of the organization and will, in general, supervise and control all of the business and affairs of the organization. The President will preside at all general membership meetings and Executive Board meetings; and may sign, or appoint a designee to sign, any deeds, mortgages, bonds, contracts or other instruments that the Executive Board authorizes. In general, the President will perform all duties of the Office, as may be prescribed by the Executive Board. The President votes only in the case of tied votes of the Executive Board. The President is appointed by a majority vote of the Richland Hills City Council. B. VICE PRESIDENT: In the absence of the President or in the event of their inability or refusal to act, the Vice President will perform the duties of the President and, when so acting, will be subject to all the restrictions upon the President and have all the Page 1 of 4 powers of the President. The Vice President will perform other executive duties as assigned by the President. The Vice President is elected by a majority vote of the general membership. C. SECRETARY: The Secretary will record the minutes of meetings and will provide copies for approval of the Executive Board during subsequent meetings. The Secretary will perform other secretarial-related duties as assigned by the President. The Secretary is elected by a majority vote of the general membership. D. TREASURER: The Treasurer will have charge and custody of, and be responsible for, all funds and securities of the organization; will receive and give receipts for monies due and payable to the organization from any source whatsoever; and will deposit all such monies in the name of the organization in such banks, trust companies, or other such depositories as shall be selected in accordance with fiscal requirements. The Treasurer will maintain and submit annually all financial records to the membership for audit at the end of each fiscal year. The Treasurer will submit all records required to maintain the organization's state and federal non-profit status, will present a monthly and yearly financial report to the membership, and will perform any other duties assigned by the President. Additionally, records may be submitted for audit by a private, accredited auditor at any time as determined by the Executive Board. The Treasurer is elected by a majority vote of the general membership. E. CITY MANAGER (Ex-Officio): The City Manager (or designated alternate) will attend, and be an active participant and voting member of, the Executive Board. ARTICLE VI -CONFLICT OF INTEREST Executive Board members may not be employees of the City of Richland Hills, with the exception of the City Manager (or designated alternate), who serves ex-officio. Executive Board members may not be immediate family members of another Executive Board member. For the purpose of this section, this includes husband, wife, parents, children, brother, sister and immediate family members as defined by the State of Texas legal guardianship laws. ARTICLE VII -REMOVAL OF OFFICERS /MEMBERS Section I: The President may be removed at any time with or without cause by the affirmative vote of a majority of the Richland Hills City Council whenever, in its judgment, the best interests of RHC shall be served by such removal. Section 2: An Officer, with the exception of the President, may be removed at any time with or without cause by the affirmative vote of a majority of the Executive Board whenever, in its judgment, the best interests of RHC shall be served by such removal. Section 3: A General Member may be removed at any time with or without cause by the affirmative vote of a majority of the Executive Board whenever, in its judgment, the best interests of RHC shall be served by such removal. Page 2 of 4 ARTICLE VIII -COMMITTEES Standing and ad hoc committees or subcommittees may be formed as approved by majority vote of the Executive Board. Committees or subcommittees may be dissolved by majority vote of the Executive Board. ARTICLE IX -MEETINGS AND QUORUMS Section I: Executive Board Meetings Regular meetings of the Executive Board will be held on dates and times determined by the Executive Board. Special meetings may be called by the President as necessary. Notice of both regular and special meetings will be given to each Executive Board member at least 4 (four) days before the date of the meeting, but such notice may be waived. Quorum for Executive Board members is 3 (three). Section 2: General Membership Meetings At a minimum, a general membership meeting will be held annually, with Executive Board quorum requirements being applicable for any business conducted. General membership notice will provided via electronic media and/or email a minimum of 7 days prior. Additional meetings may be called as deemed appropriate by the Executive Board. ARTICLE X -FUNDS Section 1: Acceptance of Funds This organization will be authorized to accept funds from any individual, association or corporation to be used for any purpose consistent with the by-laws, and consistent with local, state and federal law governing non-profit organizations. Section 2: Expenditure of Funds Funds will be expended in accord with the mission of the organization and upon the approval of the Executive Board. All expenditures will be in compliance with federal and state regulations governing 501(c)(3) organizations. All checks must have two signatures. Section 3: Loans No loans shall be contracted on behalf of RHC and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Executive Board. Such authority may be general or confined to specific instances. Section 4: Checks and Drafts All checks, drafts or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of RHC, shall be signed by such officer or officers, agent or agents of RHC and in such manner as from time to time may be determined by resolution of the Executive Board. In the absence of such determination by the Executive Board, such instruments shall be signed by the Treasurer and countersigned by the RHC President or Vice-President, or their authorized designees. Section 5: Deposits All funds of RHC not otherwise employed shall be invested from time to time to the credit of RHC in such manner as the Board by resolution may select. Page 3 of 4 Section 6: Gifts The Executive Board may accept on behalf of RHC any contribution, gift, bequest or device for the general purposes or for any special purpose of RHC. In addition, the Executive Board may make on behalf of RHC any contribution or gift in furtherance of its general purposes or any special purpose; provided such contribution or gift is not prohibited by these Bylaws, the Articles of Incorporation, or any applicable law. Section 7: Books and Records The Executive Board shall arrange for an annual internal audit of RHC financial books and accounts, and an independent audit every three years or as deemed necessary. Section 8: Annual Statement The Executive Board shall present at each Annual Meeting a full and clear statement of the business and condition of RHC, including a detailed balance sheet and income statement. ARTICLE XI -AMENDMENTS The by-laws may be amended at any meeting by atwo-thirds vote of the members present and voting, provided a written proposed amendment signed by three members has been submitted to the Executive Board, and all board members are notified at least one month prior to the vote. General membership notice will provided via electronic media and/or email a minimum of 7 days prior to the vote. Adopted ??/??/2017 Page 4 of 4