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HomeMy WebLinkAboutOrdinance No. 2017-20 (Title.- An ordinance providing for non-substantive Charter of Friendswood.) ORDINANCE NO. 2017-20 AN ORDINANCE PROVIDING FOR NON-SUBSTANTIVE REVISIONS 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 errors in spelling,punctuation and non-substantive revisions appearing in the Charter; and WHEREAS, the Charter Review Commission has reviewed the City Charter and recommends various corrections to certain provisions 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 provide for non-substantive revisions. 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 or provision hereof other any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would 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 10 th 92017. PASSED, APPROVED, and ADOPTED second and final reading this 7th day of Au gust,2017. Kevin M. Igo and Mayor ATTEST: 0 e 4& Ow �, Melinda Welsh, TRMC • go 0 City Secretary o • 4 • • '® #OF Ord 2017-20 2 1EXHIBIT "A" SECTION 1.00 The definition of"Officer"shall read as follows: "Officer shall mean an individual holding an appointive or elective City office who, individually or in concert with others., acts on behalf of and as an agent of the City, and whose duties are discretionary rather than advisory. Boards and commissions exercising discretionary authority shall be designated as such by City Council. SECTION 1.01 Shall read as follows: "The inhabitants of the City of Friendswood, Galveston County, Texas, residing within its corporate limits as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate in perpetuity under the name of the "City of Friendswood," with such powers, privileges, rights, duties and immunities as are herein provided." SECTION 1.02 Shall read as follows: "The municipal government provided by this Charter shall be known as the "Council- Manager Government." Pursuant to its provisions and subject only to the limitations imposed by the State Constitution, the statutes of this State, and this Charter, all powers of the City shall be vested in an elective Council. The City Council shall enact local legislation, adopt budgets, determine policies and appoint the City Manager, who in turn shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner shall be not prescribed, then in such manner as may be prescribed by ordinance, the State Constitution or the statutes of the State. SECTION 1.02 Constitutional reference shall read as follows: "State Constitution reference—Home rule, Tex. Const. art. 11, § 5." Ord 2017-20 3 SECTION 1.03 Editor's note shall read as follows: "Res. No. 2012-12, § 4, adopted May 21, 2012, deleted the former § 1.04, entitled "Glossary of Terms," and enacted and renumbered new provisions set out as § 1.04 herein." SECTION 2.01 Shall read as follows: "Except as otherwise specifically provided in this Charter, the City shall have all powers possible for a Home Rule City to have under the Constitution and laws of the State of Texas as fully and completely as though they were expressly enumerated in this Charter." SECTION 3.14 Subsections (b) and (c) shall read as follows: "(b) Codification: Within one year after adoption of this Charter and at least every ten years thereafter, the Council shall provide for the preparation of a general codification of all general ordinances of the City. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the Code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. The codification shall be adopted by the Council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of Texas, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the Friendswood City Code and shall be in full force and effect without the necessity of such Code or any part thereof being published in any newspaper. The caption, descriptive clause, and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when they are published as a Code. Copies of the Code shall be furnished to City Officers, placed in libraries and public offices for free reference and made available for purchase by the public at a reasonable price fixed by the Council. (c) Printing of ordinances and resolutions: The Council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the Council. Following publication of the first Friendswood City Code and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the Code currently in Ord 2017-20 4 effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Texas, or the codes of technical regulations and other rules and regulations included in the Code." SECTION 4.03 Shall read as follows: "The Council shall appoint a competent and duly qualified and licensed attorney practicing law in the State of Texas, who shall be the attorney for the City (and may also be referred to as City Attorney). He/she shall receive for his/her services such compensation as may be fixed by the Council and shall hold his/her office at the pleasure of the Council. The City Attorney shall be the legal adviser of, and attorney for, all of the Offices and Departments of the City, and he/she shall represent the City in all litigation and legal proceedings; provided that the Council may retain special counsel at any time they deem appropriate and necessary. He/she shall review and concur or dissent upon all documents, contracts, and legal instruments in which the City may have an interest. The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as directed by Council." SECTION 7.02 Shall read as follows "The Council of the City shall have the power, and is hereby authorized to levy, assess and collect annual taxes not to exceed the maximum limits set by the Constitution and laws of the State of Texas as they now exist or as they may be amended, on each$100.00 assessed valuation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and laws of the State of Texas." SECTION 8.03 Subsection (c) shall read as follows: "(c) Public notice and hearing: The Council shall post in the City Hall and publish in the official newspaper a general summary of its proposed budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public; and Ord 2017-20 5 (2) The time and place, not less than ten nor more than 30 days after such publication, for a public hearing on the budget. SECTION 9.07 Subsection (e) shall read as follows: "(e) To impose regulations to ensure safe, efficient and continuous service to the public. The franchise holder in opening and refilling of all earth openings shall relay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. Ord 2017-20 6