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HomeMy WebLinkAboutORD 83-35 ORDINANCE NO. 0 3 - 5,S ENTITLED AN ORDINANCE APPROVING AGREEMENT AND BY-LAWS OF SOUTH EAST TEXAS REGIONAL ELECTRICAL EXAMINING BOARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT AND BY-LAWS ON BEHALF OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont finds and determines that it is in the public interest and welfare that a uniform electrical examining program for all participating cities of Jefferson, Hardin, and Orange Counties be established and maintained, whereby the technical qualifications of persons who seek to engage in the business of installing , altering , repairing of any wiring , fixtures, or other equipment used for the conducting of electricity , be established and maintained; and, WHEREAS, the City Council finds and determines that in order to achieve such objective it is appropriate to become a participating City member in the South East Texas Regional Electrical Examining Board pursuant to Article 4413( 32c) , V.A.T.S . , the Interlocal Cooperation Act; NOW , THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . The City of Beaumont hereby agrees to become a participating member of the South East Texas Regional Electrical Examining Board as set forth in the Agreement and By-Laws thereof, copy of which is attached hereto and made a part hereof as Exhibit PIA" . The City Manager is hereby authorized to execute such Agreement and By-Laws on behalf of the City of Beaumont. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid , such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 83 Section 3 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �� , 19 Z3 . Mayor - - 2 - ' SOUTH E�jT TEXAS REGTONAL ELECTRICAL EX,IINING BOARD AGREEMENT AND BY-LAWS (Pursuant to Art. 4413(32c) Y,A.T,S, ) 1. Purpose In cooperation with Lamar University, a cooperative electrical testing program for electricians, is hereby established to serve the cities within Hardin, Jefferson and Orange Counties, This testing program allows an electrician to take one examination that is honored by various participating cities. This "regional" test replaces the traditional "city" test in the electrician's licensing process for those cities that have agreed to participate in the program. The Board is created to develop and administer the Regional Elec- trical Testing Program in South East Texas , and to act as liaison be- tween the participating cities and Lamar University. Specific respon- sibilties of the Board include: * Developing prerequisite criteria concerning the train- ing and on-the-job experience of applicants in four (4 categories : (1) Master Electrician, (2) Journey- man Electrician, (3) Limited Electrician - Sign, and (4) Maintenance Electrician. * Certify applicants as having appropriate prerequisites to Lamar University in order to be eligible to take a particular examination. * Developing examination content and scheduling for the four (4) categories of,electricians listed above. * Be available to observe testing procedures as needed. * Serve as an appeals Board. Specific responsibilities of Lamar University include: * Receive applications for tests and verify information. * Assist in the development of the four electrician tests. * Administer the tests on a prescheduled basis. continued.... * Maintain records of applicants and test results. * Issue a Certificate of Com etency upon attainment of satisfactory score for each test category. II. Membership Each participating city shall by Ordinance agree to participate here- in and shall appoint two persons to serve on the SET Regional Electrical Examining Board. (It is suggested, but not required, that these two repre- sentatives be com osed of one city staff person and one member of the city Electrical Board. Terms will begin in January, and will be staggered so that each year one person's term from each city will expire. In order to keep the Board 'to a manageable size, once the membership reaches IS persons (nine cities) all new cities coming into the Program will only be allowed to appoint one representative who will serve for a two year term. The Board may decide to add ex officio (non voting) members that bring additional expertise to the group. These ex officio members should have a special knowledge or skill , or represent a particular group of or- ganization that makes their participation worthwhile. Ex officio members will be appointed by majority vote of the Boare for a two year term of office beginning in January. No membership fees shall be required, nor shall any expenses of the Board and Testing Program be paid by the participating cities. Such ex- penses are to be provided for by examination fees prescribed by the Board. The Board may not incur any indebtedness for or on behalf of any participat- ing city. Any participating city may withdraw from this Agreement and By-Laws at any time upon enactment of an ordinance declaring its intent to withdraw and furnishing certified copy thereof to the Board. III. Officers The Board shall elect a Chairman and Vice Chairman at the beginning of each calendar year, The Chairman will preside over the Board meetings in accordance with the most recent addition of Robert's Rules of Order. In the absence of the Chairman, the Vice Chairman will preside over the meeting. The Chairman and Vice Chairman must be elected from among the voting members of the Board. The Chairman and Vice Chairman retain their voting privileges. IV. Meetings The Board will meet as is appropriate for _the conduct of its business. Generally this will require the Board to meet four to six times per year. continued. . .. (2) Board members will be notified of meetings by mail at least one week prior to the meeting date. Meetings will be open to the public; however, at the Board's discretion the meeting may be closed to discuss testing content, or applicant's personal qualifications , as may be permitted by the Texas Open Meetings Law. Notice of meetings shall be posted as required by the Texas Open Meetings Law, Art. 6252-17 V.A.T.S. Quorum A quorum shall be declared present if at least five cities are repre- sented; or, if a majority of the participating cities are represented, whichever is less. V. Voting Each participating city shall have one vote on all matters coming be- fore the Board. A member that is unable to attend a Board meeting may send someone in their place to represent them. This representative shall have the same voting privileges as the Board member they are replacing. .VI. Absenteeism Board members are appointed because of the special skill or knowledge that they bring to the group. Non-attendance at Committee meetings robs the Board of this expertise. Therefore, non-attendance by a Board member or his representative, without a reasonable excuse, at three consecutive meetings , shall be cause for replacement. It will be the responsibility of the Chairman to notify a city that its representative has not been attending, and to request that the city make a new appointment. VII. Records A member of the Lamar University staff shall be available at Board meetings to provide secretarial and administrative support. Written minutes shall be provided to members summarizing the proceedings of each meeting. File space will be provided by Lamar for Board correspondence and materials. Lamar will also develop the necessary forms as required. All records shall remain the property of the Board and Lamar University. Outgoing officers shall pass on to incoming officers all pertinent records , minutes, etc. at the end of their term of office. VIII. Amending By-Laws Proposed changes to the By-Laws shall be submitted in writing to the Chairman who will in turn submit them to the Board membership with the next meeting notice one week before the Board meeting. The By-Laws may be amended at any meeting by a simple majority of the quorum present provided that the proposed change has been properly distribut- ed to the membership before the meeting, -provided; however that the following continued. . .. (3) Articles here of may only be amended upon wr-tten a proval of the governing body of each participating city: Article I (Propose Article II (Membership) , Article V (Voting) , and Article VIII (Amending By-Laws). Executed this date. CITY OF By: (4)