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Ordinance No. 10,829ORDINANCE NO. 10,829 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 1 "GENERALLY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2-256 "ATTENDANCE BY BOARD MEMBERS AT MEETINGS" TO STANDARDIZE ABSENCE POLICIES OF THE VARIOUS BOARDS AND COMMISSIONS OF THE CITY; REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 2 "PARKS AND RECREATION BOARD," SECTION 2-284 "ATTENDANCE AT MEETINGS"; DIVISION 3 "PLANNING AND ZONING COMMISSION," SECTION 2-324 "ATTENDANCE AT MEETINGS"; DIVISION 5 "COMMUNITY DEVELOPMENT ADVISORY COMMITTEE," SECTION 2-389 "ATTENDANCE AT MEETINGS"; DIVISION 10 "BOARD OF ADJUSTMENT," SECTION 2-546 "ATTENDANCE AT MEETINGS"; DIVISION 11 "BEAUTIFICATION ADVISORY COMMISSION," SECTION 2-565 "ATTENDANCE AT MEETINGS"; AND DIVISION 12 "YOUTH ADVISORY COMMISSION," SECTION 2-575 "ATTENDANCE AT MEETINGS"; DIVISION 13 "REDEVELOPMENT ADVISORY TASK FORCE," SECTION 2-585 "ATTENDANCE AT MEETINGS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DELETE CONTRARY PROVISIONS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS: Section 1: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 1 "Generally" of the Code of Ordinances, Baytovvn, Texas, is hereby amended by adding a new section to be numbered and entitled Section 2-256 "Attendance by board members at meetings," which shall read as follows: CHAPTER 2. ADMINISTRATION IV. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY. Sec. 2-256. Attendance by board members at meetings. (a) Definitions. The following words, terms and phrases when used in this section shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Board shall mean and include a board, commission, committee or task force established by the city. Excessive absences shall mean: (a) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period; (b) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period; and (c) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period. Member shall mean a person appointed to a board by the city council or city manager. (b) Attendance Requirements. There is an expectation that a member of a board will arrange the member's schedule to make most, if not all, of the scheduled board meetings. In the event that a member has a recurring conflict, the member may resign at any time. If a member of a board is clearly unable to attend regularly scheduled board meetings, he may be removed by the city manager, with confirmation of the mayor, for these excessive absences. "Excessive absences" shall mean: (1) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period. (2) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period. (3) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period. (c) Attendance Records. The staff liaison for each board shall be required to keep attendance records and to submit monthly reports to the city clerk setting forth both the excused and unexcused absences of each member of the board. The city clerk will notify the city manager and request direction regarding the removal of any board member having a record of excessive absences. Section 2: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 2 "Parks and Recreation Board," Section 2-284 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 3: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 3 "Planning and Zoning Commission," Section 2-324 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 4: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 5 "Community Development Advisory Committee," Section 2-389 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 5: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 10 "Board of Adjustment," Section 2-546 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 6: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 11 "Beautification Advisory Commission," Section 2-565 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 7: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 12 "Youth Advisory Commission," Section 2-575 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 8: That Chapter 2 "Administration," Article IV "Boards and Commissions," Division 13 "Redevelopment Advisory Task Force," Section 2-585 "Attendance at meetings" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 9: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 10: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 11: The Interim City Clerk is hereby directed to send a copy of this ordinance to the Baytown Municipal Development District, the Baytown Crime Control and Prevention District, the Baytown Fire Control, Prevention, and Emergency Medical Services District, and the Baytown Area Water Authority to urge them to adopt a similar policy for their membership to the extent the same does not conflict with state law. Section 12: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ, AND PASSED by the affirmative vote/f the City Council of Bay town, this the 141'1 day of February, 2008. ATTEST: lELVIN KN^CUF,'Interim CrtV Clerk APPROVED AS TO FORM: <££tf ACIO RAMIREZ, Sr., Cit^/Attorney STEPIJEN H. DOtfCARLOS, May^r K:\Karcn\Filcs\CiIy Council\Ordiiianccs\2008\Fcbruary I4\Abscnccs4Boards&Coiiiniissions.doc