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HomeMy WebLinkAboutORD 07-010 ORDINANCE NO. 07-010 ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, SECTION 2-3.2;ARTICLE III,SUBSECTIONS 2-31(b)AND 2-32(1)AND(3), SECTIONS 2-34 AND 2-35, SUBSECTIONS 2-38(3) AND (4), SECTIONS 2-40 AND 2-52, SUBSECTION 2-53(c), SECTION 2-54, AND ARTICLE V, DIVISION 1, SECTION 2-84 AND REPEALING CHAPTER 2, ARTICLE I, SECTION 2-3.3, ARTICLE III, SUBSECTIONS 2-32(4)THROUGH (7)AND (10) AND (12), SUBSECTIONS 2-36(4) AND (6), SUBSECTION 2-44(c), SECTION 2-49, SUBSECTION 2-53(d), AND ARTICLE V, DIVISION 2, SECTIONS 2-91 THROUGH 2-104 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 2,Article I, Section 2-3.2 be and the same is hereby amended to read as follows: Sec. 2-3.2. Run-off elections. Run-off elections in the City of Beaumont shall be held in accordance with the Texas Election Code, as amended. Section 2. That Chapter 2, Article I, Section 2-3.3 be and the same is hereby repealed. Section 3. That Chapter 2, Article 111, Subsection 2-31(b) be and the same is hereby amended to tread as follows: Sec. 2-31. Planning and zoning commission—Created; members; vacancies; compensation. (b) The members of the city planning and zoning commission shall be resident citizens and qualified voters of this city. The members of the city planning and zoning commission shall be appointed by the city council. The mayor shall appoint three (3) members and each Councilmember shall appoint one. The alternate members are to be appointed by the mayor subject to the approval of the city council.The term of office of each commissioner shall be for three (3) years or until a successor is appointed. The city council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one (1) year. Section 4. That Chapter 2, Article III, Section 2-32 be and the same is hereby amended by repealing Subsections (4) through (7), (10) and (12), amending Subsections (1) and (3) and renumbering so as to read as follows: Sec. 2-32. Same—Powers and duties. The city planning and zoning commission shall have the following powers and duties: (1) Studies and plans for improving city. To make studies and project plans for the improvement of the city and to perform all duties imposed upon the city planning and zoning commission by the statutes of the state and the Charter of the City of Beaumont. (2) Making plans and maps. To make plans and maps of the whole or any portion of the city and of land outside the city located within five (5) miles of the city limits and of any other land outside the city which in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to and extensions of such plans or maps when it deems same advisable. (3) Advise property owners. To confer with and advise private property owners pertaining to location and erection of private structures with the view of having same conform to the overall city plan. (4) Reports on new subdivisions. To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within five (5) miles of the city limits, and to approve all plans, plats or replats of additions within the city limits, or within five (5) miles of the city limits. (5) Recommending rules for platting and subdividing. To recommend to the city council for adoption and promulgation rules and regulations governing plats and subdivisions of land within the corporate limits of the city or within five (5) miles of the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community. Such rules and regulations may be adopted by the city council only after public hearing held thereon. (6) Zone boundaries. The city planning and zoning commission shall have the power to recommend the boundaries of the various original districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations, and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the city council and to perform all other duties and statutes of the state, and specifically by Chapter 283, Acts of the Regular Session of the 40th Legislature of Texas, 1927, the same being Articles 1011 a to 1011 j, Vernon's Annotated Civil Statutes. Section 5. That Chapter 2,Article 111, Section 2-34 be and the same is hereby amended to read as follows: Sec. 2-34. Community development advisory committee--Established. There is hereby established a community development advisory committee to be composed of fifteen (15) members who are resident citizens of the city. The members of thE: community development advisory committee shall be appointed by the city council for two-year terms. The mayor shall appoint three (3) members, and each councilmember shell appoint two (2). The city council shall name one of the members as chairman and one as vice-chairman. Vacancies shall be filled by the city council for the unexpired term. ME:mbers of the committee shall serve without compensation. Section 6. That Chapter 2,Article III, Section 2-35 be and the same is hereby amended to read as follows: Sec. 2-35. Same--Secretary. The City Manager or his designee,shall serve as secretary of the committee without vote. The duties of the secretary will be as follows: (1) To serve as a nonvoting member; (2) To attend all meetings of the committee and of its appointed committees; (3) To maintain a record of all activities of the committee; (4) To provide the committee with all information necessary for the performance of its duties; (5) To submit a proposed agenda to the committee chairman and members; (6) To invite the participation of the interested parties concerned with topics of the agenda; (7) To coordinate the attendance of staff personnel of the city; (8) To introduce items on the agenda and present applicable information as shall be necessary to aid in resolving problems; (9) To provide such clerical-administrative support as is required by the committee; (10) To arrange for all meetings to be held as directed by the chairman of the committee. Section 7. That Chapter 2,Article III, Subsections 2-36(4)and (6)be and the same are hereby repealed and Section 2-36 renumbered so as to read as follows: Sec. 2-36. Same--Duties and responsibilities. The duties and the responsibilities of the community development advisory committee shall be as follows: (1) To act as an advisory board to the city council and the city manager; (2) To recommend objectives to the city for the community development block grant program; (3) To assist the city council and the city manager's staff in planning for a continuing program of community development; (4) To keep the city council and the city manager's staff informed of current trends and to recommend changes and improvements which will update the community development and housing assistance plan. Section 8. That Chapter 2,Article 111, Subsections 2-38(3)and (4) be and the same are hereby amended to read as follows: Sec. 2-38. Emergency management director; powers and duties. (3) Authority as the mayor to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk. (4) Issuance of necessary proclamations, regulations or directives during times of declared emergency which are necessary for carrying out the purposes of sections 2-37 through 2-44. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant to the disaster prevent or impede, promptly filed with the city clerk. Section 9. That Chapter 2,Article 111, Section 2-40 be and the same is hereby amended to read as follows: Sec. 2-40. Interjurisdictional program. The mayor is hereby authorized to join with the county judge of County of Jefferson and the mayors of the other cities in said county in the formation of an interjurisdictional program for the County of Jefferson and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a Regional Incident Commander, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. Section 10. That Chapter 2, Article III, Subsection 2-44(c) be and the same is hereby repealed and Section 2-44 renumbered so as to read as follows: Sec. 2-44. Violations; penalties. (a) It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuantto sections 2-37 through 2-44, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in these sections. (b) It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or any other means of identification as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the proper officials. (c) Conviction for violations of the provisions of sections 2-37 through 2- 44 shall be punishable by a fine not to exceed five hundred dollars ($500.00). Section 11. That Chapter 2, Article III, Section 2-49 be and the same is hereby repealed. Section 12. That Chapter 2,Article 111, Section 2-52 be and the same is hereby amended to read as follows: Sec. 2-52. Small business revolving loan fund board. There is hereby created a small business revolving loan fund board composed of nine (9) members who are resident citizens and voters of the city. The board shall consist of at least one member from local financial institutions, at least one member from the entrepreneurial studies program at Lamar University, two (2) members from small and minority business or community organizations,two (2) members from the citizens advisory committee of the community development block grant program,the cityfinance officer,and two (2) members at-large. Of the initial nine (9) members, four (4) shall be appointed for a term of three (3) years and three (3) shall be appointed for a term of two (2) years, thereafter, the term of office of each board member shall be for two (2) years or until a successor is appointed. The board shall elect from its membership officers and committee chairs, as necessary. The board's duties, among others, shall be to review requests for small business revolving loans and to approve loanpackages under the program. The board shall report to the city council as requested concerning the effectiveness of the program and advise city council concerning potential improvements to the structure and procedures of the program. That the city manager be, and he is hereby, authorized to take all necessary action including litigation to collect delinquent accounts resulting from loans made from the small business revolving loan fund. Section 13. That Chapter 2, Article III, Section 2-53 be and the same is hereby amended by repealing Subsection (d), amending Subsection (c) and renumbering so as to read as fol lows: Sec. 2-53. Establishment of general procedures concerning appointment, term, attendance, qualifications and duties of boards and commissions. (a) City boards and commissions and their duties and responsibilities shall be established by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year overlapping terms. Boards and commissions shall contain an odd number of members with each council member having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointment shall be by the city council. (b) The mayor shall appoint the chair and vice-chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. Section 14. That Chapter 2,Article 111, Section 2-54 be and the same is hereby amended to read as follows: SEC. 2-54. Drug-free Beaumont commission. There is hereby created the Drug-free Beaumont commission composed of eleven (11) members. Of the initial eleven (11) members,five(5) shall be appointed by the mayor from the membership of the mayor's coalition for a drug-free Beaumont. The remaining sip: (6) members shall be appointed by the city council with each city council member appointing one (1) member to the commission. The term of office of each member shall be two (2) years or until a successor is appointed. A chairperson and vice-chairperson of tho commission shall be appointed by the mayor.Vacancies resulting from resignations or other reasons during a term shall be filled by the city council for the unexpired term. Members of the drug-free Beaumont commission shall serve without compensation and all members of such commission shall be subject to removal at the will and pleasure of the city council. Section 15. That Chapter 2, Article V, Division 1, Section 2-84 be and the same is hereby amended to read as follows: SE�c. 2-84. Electronic scanning of public records. The city clerk is hereby authorized to digitize all official records of the city, which shall include but not be limited to deeds, ordinances, resolutions, contracts, easements, leases, liens, and franchises. The city clerk shall properly scan said records in accordance with the technical standards established by state law. The city clerk or his designee shall be responsible to check and certify that each scanned record is a true and correct duplication of the original public record. The public shall have access to the information contained in the scanned public records as provided by law. Section 16. That Chapter 2,Article V, Division 2, Sections 2-91 through 2-104 be and the same aria hereby repealed. Section 17. 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. Section 18. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 19. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of B aumont on this the 6th day of February, 2007. Mayor Guy N. Goodson - 7 � pan W