HomeMy WebLinkAboutOrdinance No. 2012-29 i
(Title: An ordinance amending statutory cross-references contained in the City Charter of
the City of Fricndswood.)
ORDINANCE NO. 2012-29
AN ORDINANCE AMENDING STATUTORY CROSS-
REFERENCES CONTAINED IN THE CITY CHARTER OF
THE CITY OF FRIENDSWOOD,TEXAS.
WHEREAS, Section 3.14(d) of the City Charter provides that the City Council may,
without approval of the voters, adopt an ordinance that, among other things, corrects cross-
references appearing in the Charter; and
WHEREAS, the City Attorney has reviewed the City Charter and recommends various
corrections to existing statutory cross-references appearing in the Charter,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The City Charter of the City of Friendswood, Texas shall be amended as
shown on the attached Exhibit "A" attached hereto in order to correct state law and other
statutory cross-references.
Section 2. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part Jr
provision hereof other any part or provision hereof other than the part declared to be invalid Ir
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it woull
have passed each and every part of the same notwithstanding the omission of any and every part
of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 15` day of October,2012.
PASSED, APPROVED, and ADOPTED on second and final reading this 5 day of
November,2012.
Kevin M. Hol d
Mayor
ATTEST:
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Melinda Welsh,TRMC p;
City Secretary :v
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Ord 2012-29 2
EXHIBIT "A"
SECTION 2.05
Second paragraph shall read as follows:
"When the City undertakes developing, improving and paving any and all public streets,
sidewalks, alleys, highways and other public ways within its corporate limits, the City
shall have the power and authority to proceed in accordance with V.T.C.A.,
Transportation Code, § 313.001, et seq."
State law reference shall read as follows:
"Use of streets and rights-of-way, V.T.C.A., Transportation Code, § 311.001, et seq.;
street improvements and assessments,V.T.C.A., Transportation Code, § 313.001, et seq."
SECTION 2.07
Shall read as follows:
"The Council shall have full power and authority to zone the City and to pass all
necessary ordinances, rules and regulations governing the same under and by virtue of the
authority given to cities and legislative bodies thereof by V.T.C.A., Local Government
Code § 211.001 et seq., and all amendments thereto and amendments which may
hereafter be made thereto."
ARTICLE IH,Footnote 131
State law reference shall read as follows:
"Form of government, V.T.C.A., Local Government Code § 26.001, et seq."
SECTION 3.06
State law reference shall read as follows:
"Election dates, V.T.C.A., Election Code § 41.001, et seq.; Vacancy, V.T.C.A., Election
Code § 201.001, et seq."
SECTION 3.09
State law reference shall read as follows:
"Open Meetings,V.T.C.A., Government Code § 551.001, et seq."
Ord 2012-29 3
SECTION 4.02
State law reference shall read as follows:
"Municipal Courts, V.T.C.A., Government Code § 29.001, et seq.; rules of procedure,
etc., V.T.C.A., Code of Criminal Procedure Art. 45.001, et seq."
ARTICLE VI, Footnote 141
State law reference shall read as follows:
"Elections, V.T.C.A.,Election Code § 1.001, et seq."
SECTION 6.05
State law reference shall read as follows:
"Official Oath, Tex.Const. art. 16, § l."
ARTICLE VIII. Footnote 161
State law reference shall read as follows:
"Budgets, V.T.C.A., Local Government Code § 102.001, et seq.; fiscal powers,V.T.C.A.,!
Local Government Code § 101.021."
SECTION 8.02
State law reference shall read as follows:
"Public Information, V.T.C.A., Government Code § 552.001, et seq.; budgets, V.T.C.A.,
Local Government Code § 102.001, et seq."
SECTION 8.05
State law reference shall read as follows:
"Fiscal powers, V.T.C.A., Local Government Code § 101.021; bonds, V.T.C.A.,
Government Code § 1201.001, et seq."
SECTION 9.09
State law reference shall read as follows:
"Authority to regulate certain rates, V.T.C.A., Utilities Code § 33.001, et seq.; § 103.001,
et seq."
Ord 2012-29 4
SECTION 11.01
State law reference shall read as follows:
"Public Information, V.T.C.A., Government Code § 552.001, et seq."
SECTION 11.02
State law reference shall read as follows:
"Official newspaper,V.T.C.A., Government Code § 2051.041, et seq.."
SECTION 11.03
State law reference shall read as follows:
"Conflicts of Interest,V.T.C.A., Local Government Code § 171.001, et seq."
SECTION 11.04
Shall read as follows:
"No appointment to the service of the City shall violate the prohibitions against nepotism ;
set forth in V.T.C.A., Government Code § 573.001, et seq., as amended.
State law reference shall read as follows:
"Nepotism,V.T.C.A., Government Code § 573.001, et seq."
SECTION 11.08
Shall read as follows:
"Amendments to this Charter may be framed and submitted to the voters of the City inl
the manner provided by Chapter 9 of V.T.C.A., Local Government Code, as now enacted
or hereafter amended."
Ord 20 t 2-29 5
Staff
FRIENDSWOOD CITY CouNcILAGENDA ITEM FORM
i.
This form should be completed and forwarded to the City Managers Office as soon as possible prior to the
first date that the item is expelled to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: 10/01/12
Date Submitted: 09/24/12 Dept. Clearances: Melinda Welsh
Prepared by: Melinda Welsh
Subject: Statutory revisions to the City Charter
Originating Department: City Secretary's Office City Attorney Review: Yes
Proceeding: Ordinances
Degree of importance: Critical ❑ Significant® Elective ❑
Expenditure Required:N/A Amount Budgeted: N/A RCR
Appropriation'Required:N/A Source of Funds: N/A RogerC.Roecker
- City Manager
FINANCE APPROVAL:
SUMMARY/ORIGINATING CAUSE j
In May 2012; Friendswood voters approved an amendment to Section 3.14(d) of the
charter which states that the City Council may, without approval of the voters, adopt an i
ordinance that corrects errors in spelling, cross-references, punctuation, non-substantive
revisions/reorganizations or numbering of Articles or Sections in the Charter. A revision
ordinance adopted under this section is not intended to and shall not be interpreted as
authorizing any substantive change, in any Charter provision.
The City Attorney's office undertook a review of the City Charter and recommends
various corrections to existing statutory cross-references appearing in the Charter. This
agenda item is to approve the ordinance with those revisions.
i
IMMINENT CONSEQUENCES I BENEFIT TO COMMUNITY
To make the City Charter accurate and current.
RECOMMENDATIONS
Recommend Council consider approval of ordinance.
ATTACHMENTS
Ordinance 2012-29