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HomeMy Public PortalAboutOrdinance No. 1491-24 01-22-2024 ORDINANCE NO. 1491-24 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 10 "BOARDS, COMMITTEES, AND COMMISSIONS" OF THE CITY CODE; AMENDING ARTICLE I TO UPDATE BOARD PROCEDURES AND REGULATIONS GOVERNING MULTIPLE BOARD SERVICE; AMENDING ARTICLE IX TO REPEAL CONFLICT REGULATIONS GOVERNING THE PLANNING AND ZONING COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas ("City), 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 has adopted regulations governing boards, committees, and commissions; and WHEREAS, the City Council finds that the regulations governing procedures and multiple board service are in need of an update; and WHEREAS, the City has adopted regulations governing the Planning and Zoning Commission found in the Richland Hills Zoning Ordinance that supersede provisions found in Chapter 10 of the Richland Hills Code; and WHEREAS, the City Council desires to repeal the conflicting provisions found in Chapter 10 of the Richland Hills Code and the Richland Hills Zoning Ordinance that govern the Planning and Zoning Commission; 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, THAT; SECTION 1. Section 10-2 "Rules of procedure, posting, open meetings" of Article I, "In General" of Chapter 10 "Boards, Committees, and Commissions" is hereby amended to read as follows: "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 Parliamentary Procedure. The agenda for all meetings shall follow the format of the City Council agendas and shall be posted at least seventy two (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." SECTION 2. Section 10-6 "Service on multiple boards" of Article I, "In General" of Chapter 10 "Boards, Committees, and Commissions" is hereby amended to read as follows: "No board, committee, or commission member, except sitting City Council members, may serve in any capacity on more than one other board, unless it is a special committee organized for a finite term." SECTION 3. Article IX, "Planning and Zoning Commission" of Chapter 10 "Boards, Committees, and Commissions" is hereby amended to read as follows: "Article IX (Reserved). §10-271 through §10-300. (Reserved)." SECTION 4. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all other ordinances of the City affecting boards, committees, and commissions, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the City are expressly saved as to any and all violations of Chapter 10, as amended, or any other ordinance affecting zoning and land use, that 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, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. Ordinance No. 1491-24, Page 2 of 3 SECTION 6. SEVERABILITY CLAUSE 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 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on January 22, 2024, by a vote of ayes, 9 nays, and '--' abstentions. APPROVED: THE HONORABLE MAYO ED ARD LOPEZ ,++++"""'"r/o, `.- ,.\\``QC, �,1 C H LAB'%,, ATTEST: ,�.�C. `' NDSAY LINSON, CITY SECRETARY=; ',•`- ' /.' ,.- `N co • iiiiiiiliffilloo Ordinance No. 1491-24, Page 3 of 3