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Ord 089-92 10/20/1992 ORDINANCE NO. of 9," J ORDINANCE ESTABLISHING A COMMISSION ON HUMAN NEEDS WHEREAS, there currently exist several commissions with the goal of exploring and recommending solutions to problems experienced by identifiable groups of citizens within our community; and, WHEREAS, these commissions share a commonality in purpose by addressing transportation, accessibility, accommodations and employment needs which are concerns for all; and, WHEREAS, the interest of all citizens would be best served by creation of a Commission on Human Needs to address the needs of the citizens of Wichita Falls. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. Creation. There is hereby established a Commission on Human Needs, which shall address the needs, problems and positive options for the citizens of Wichita Falls. The Commission shall consist of seventeen (17) members. Section 2 . Qualifications of Members. Members of the Commission shall be appointed by the City Council and shall serve without compensation. Members shall be residents of the City of Wichita Falls and committed to the goals of the Commission. Members, while serving, shall not hold governmental elected office or be employees of the City of Wichita Falls. Section 3 . Representation. Commission members shall include a broad representation of our community, such as varied educational and ethnic backgrounds, sexes, ages and the disabled. Members shall be chosen from a geographic spread of the community. Section 4 . Terms of Office. Initially, nine (9) members of the Commission shall be appointed for a term of one (1) year expiring December 31, 1993 , and the remaining members shall be appointed for a term of two (2) years expiring December 31, 1994 . Thereafter, each member of the Commission shall be appointed for a term of two (2) years expiring December 31 or until a successor is named. Page of Pages Agenda Item No. Appointments to fill any vacancy on the Commission shall be made by the Council and that member shall serve for the remainder of the unexpired term of office. When any member of the Commission fails to attend three (3) consecutive meetings or four (4) meetings in any twelve month period, the chairperson shall certify the same to the City Council. Such member shall then be deemed to have been removed and a vacancy created. No member shall serve on the Commission more than three (3) consecutive terms. Section 5. Orcganization of the Commission. (a) The City Council shall appoint one member to serve as chairperson. The members of the Commission shall elect a vice chairperson for a one (1) year term and such other officers as may be deemed necessary or desirable, who shall serve at the will of the Commission. The chairperson shall have a vote equal to the other members of the Commission. Nine (9) members of the Commission shall constitute a quorum. The Commission shall meet at least four (4) times during a calendar year. The chairperson may call meetings of the Commission, and meetings may be called by written notice postmarked ten (10) days in advance signed by nine (9) members, and the Commission may at any meeting fix and call a Y Y 9 meeting on a future date. Minutes shall be kept of all meetings of the Commission and shall be regularly sent to the City Council. All meetings shall be public. (b) The City Manager shall assign to the Commission an employee of the City to serve as the Administrator of the Commission, and such other employees as may be necessary to perform the functions of the Commission. Section 6. Duties and Powers of the Commission. The Commission shall have the following duties, functions, powers and responsibilities: (a) To serve in an advisory capacity to the City Council in respect to all matters pertaining to the general welfare and advancement of the disabled and aging, including, but not limited to legal and civil rights, health care, appropriate accommodations, maintenance for independent living, economic status, community access, employment, political opportunity, quality of life and preventive support systems. (b) To serve in an advisory capacity to the City Council in respect to promoting the quality of life for all citizens and eliminating discrimination because of race, sex, age, ethnic background, religion or disability. Page of Pages Agenda Item No. (c) Through the Administrator, conduct investigation into complaints of discrimination which allege violation of the ordinances of the City of Wichita Falls. These investigations and any resulting reports shall be kept confidential by the Administrator. (d) To conduct public outreach efforts, including, but not limited to, surveys, public hearings, seminars and informational programs, in order to gain information on the needs of the citizens of the City of Wichita Falls and to make findings and recommendations to the Mayor and the City Council. (e) To appoint at its discretion subcommittees to concern themselves with specific problems relating to the goals of the Commission and to formulate and recommend plans and programs. Subcommittees shall be chaired by Commission members. Members of subcommittees, other than the chairperson, may be individuals who are not members of the Commission. Membership of subcommittees shall be approved by the Commission's chairperson. (f) To perform such other duties as may from time to time be assigned to it by resolution of the City. Section 7. Limitation of Powers. The powers and jurisdiction of the Commission shall be purely advisory, voluntary and persuasive. The Commission shall not have any power of authority to subpoena or compel the attendance of witness. The Commission shall have no power to appoint City officers or employees or to make policy decisions, or to manage, control or administer institutions in Wichita Falls. Section 8. Separability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such inva 'dity. PASSED AND APPROVED this the 20th • . of ! - • • - M A Y O R ATTEST: — 4p CCs City Cler Page of Pages Agenda Item No. BY LAWS OF THE WICHITA FALLS COMMISSION ON HUMAN NEEDS ************************************************************** PREAMBLE The By-Laws set forth herein are hereby adopted for the purpose of providing an organizational framework and rules of procedure to the end that this Commission may better serve the purposes for which it has been established. ARTICLE I AUTHORITY FOR THE BY-LAWS The By-Laws as set forth herein are promulgated in accordance with and by virtue of Section of the Ordinances of the City of Wichita Falls, which sets out the duties and responsibilities of the Commission On Human Needs. ARTICLE II PURPOSE OF THE COMMISSION The Commission on Human Needs shall serve as the duly constituted instrumentality of the City Council of Wichita Falls, for the purpose of providing a means by which all citizens of Wichita Falls may be assured equal enjoyment of all rights, privileges and remedies in the protection of their person, property, livelihood, and freedoms, and equal opportunity to pursue their individual labors, and to equally share in the common benefits of society without regard to race, color, religion, sex, national origin, age, and physical or mental handicap. ARTICLE III POWERS AND DUTIES The Commission shall have such powers and duties as established by the Code of Ordinances of the City of Wichita Falls and as may be delegated by the City Council and the City Manager. These powers and duties include: Section 1. Advise and consult with the City Council on matters involving racial, religious, age, sex, mental or physical handicap, or ethnic discrimination, and recommend to the City Council measures aimed at improving and insuring equal protection of any and all persons and groups. Page of Pages Agenda Item No. I Section 2 . Recommend to the City Council legislation to aid in programs designed to eliminate prejudice and discrimination and encourage community support for such legislation. Section 3 . Aid in the formulation of local community groups in such neighborhoods as needed to carry out specific programs. Section 4. Initiate and facilitate discussions between individuals and groups to lessen tensions and improve understanding and human services in the community. Section 5. Institute and conduct educational programs to promote equal treatment, opportunity, understanding, and sponsor meetings, institute forums, and courses of instruction to lead to a clearer understanding and implementing solutions. Section 6. Conduct research, obtain factual data, and hold public hearings to ascertain the status of overall human needs in the Community, and provide recommendations on the best means of progressively improving the human condition within the Community. Section 7. Receive, on a confidential basis through its Administrator, complaints of discrimination in housing, employment, and public accommodations because of race, age, religion, sex, color, national origin, or mental or physical disability. Section 8. Through its Administrator seek a fair and complete resolution of complaints of alleged discrimination brought to the Commission, where those complaints represent alleged violations of the Code of Ordinances of the City of Wichita Falls. The Administrator will maintain strict confidentiality of . these investigations and reports. A violation of confidentiality by the Administrator will subject the violator to disciplinary action. Section 9. Cooperate with all city, state, county, federal, and other governmental agencies, as well as racial, religious, ethnic, educational, community, civic, fraternal, benevolent, support and other groups, associations, societies, and individuals with constructive talents and resources which might assist the Commission in its pursuits, as outlined herein. Page of Pages Agenda Item No. I ARTICLE IV COMPOSITION OF THE COMMISSION Section 1. Numbers: Membership of the Commission will consist of seventeen (17) voting members. Section 2 . Qualifications: The members of the Commission shall be residents of the City of Wichita Falls and shall as nearly as possible represent the entire demographic cross section of the City. The members of the Commission shall serve without compensation. Section 3 . Terms: The members of the Commission shall be appointed by the City Council. The term of membership is two years; however, members may be re-appointed for second and third two-year terms. A member of the Commission's term of office starts immediately upon appointment by the City Council. Membership of voting members shall terminate upon expiration of their term (if not renewed) , through resignation of the member, through death, or by action of the City Council. Section 4 . Disqualification: Any member who, without valid cause, fails to attend three (3) consecutive scheduled meetings or four meetings in any twelve month period will be disqualified from serving on the Commission. Removal of the individual will become effective immediately upon certification by the Commission, using minutes of the meetings as documentation of attendance. Section 5. Officers: The City Council shall appoint the Chair of the Commission. The Commission shall select a Vice- Chair and Secretary from the Commission membership. Section 6. Term of Officers: The Chairperson shall serve the term of membership unless re-appointed. Vice- Chairperson and Secretary shall serve a term of one (1) year unless selected to serve an additional term by the Commission. Section 7. Administrator: The City Manager shall assign to the Commission an employee of the City to serve as the Commission's Administrator, and such other employees as may be necessary in the City Manager's judgment and available to assist the Commission in performing its functions. The Administrator shall be available to the Commission to offer reasonable assistance in carrying out the program of the Commission under the policies and directives of the Commission. The Administrator shall be a resource person at all meetings of the Commission. The Administrator shall Page of Pages Agenda Item No. attend all Commission meetings, but does not have a vote. The Administrator shall give direct staff leadership and support to all meetings of the Ordinance Compliance Committee. Section 8. City Attorney: The City Attorney will give legal opinions as requested regarding jurisdiction and/or applicability of relevant ordinances es in individual cases presented to the Commission. The City Attorney will be a resource person and when appropriate, prosecuting attorney on behalf of the Commission/City. The prosecutor and investigator shall not be the same person. ARTICLE V OFFICERS OF THE COMMISSION Section 1. Officers of the Commission: The officers of the Commission shall be a Chairperson, Vice-Chairperson and a Secretary. These officers are to be elected from the membership of the Commission, with the exception of the Chairperson, who is appointed by the City Council. Section 2 . Duties and Responsibilities: A. Chairperson: The Chairperson shall preside at all meetings of the Commission; shall be responsible for the general administration of the Commission's affairs; the presentation and implementation of its recommendations; resolutions and policies before the public; for the release of non-programmatic information to the media; and shall have, hold, and exercise such powers and perform such duties as provided for herein or by the Commission. The Chairperson shall also approve the agenda for regular meetings, set the time and place, and take whatever action is necessary to further the efficient and effective conduct of the Commission's business. The Chair shall be responsible for communication with the City Manager and Council Liaison. B. Vice-Chairperson: The Vice-Chairperson, in the absence or upon the resignation of the Chairperson, shall perform the duties and exercise the powers of the Chairperson, and shall perform such other duties as the Commission may prescribe until the City Council appoints another Chairperson. C. Secretary: The Secretary shall attend all official Commission meetings (not including committee meetings) , record all votes taken, review and approve the minutes of all proceedings so conducted by the Commission. In the event the Secretary is absent from any Commission meeting, the Chairperson shall appoint another Commission member to serve as acting Secretary for any such meeting. Copies of the minutes of each Commission meeting shall be furnished to each Page of Pages Agenda Item No. member of the Commission, the City Council Liaison representative to the Commission, and to the City Manager. Through the Administrator's office, the Secretary shall give or cause to be given written notice to all regular and special meetings of the Commission, and shall perform such other duties as may be prescribed by the Commission or Chairperson. Section 3 . Removal: The Commission may, by resolution duly adopted, upon the affirmative vote of two-thirds of the Commission members, remove from office, with cause, any officer of the Commission not appointed to that position by the City Council. ARTICLE VI COMMITTEES Section 1. General: The members of the Commission shall control and direct all of the duties and responsibilities of the Commission and shall have, hold and exercise all rights, powers and privileges not otherwise delegated to the officers and committees of the Commission. The Commission shall establish three (3) standing committees and such sub- committees as necessary to perform the Commission's duties. Section 2. Standing Committees: Standing committees may be appointed as necessary by the Chairperson. The purpose and scope of standing committees shall be determined by the Chairperson. Section 3 . Sub-committees: Sub-committees may be appointed by the Chairperson of each standing committee. Subcommittee members may be any interested person. Section 4. Term of Office: Each committee member shall be appointed to serve for a term of one year. Committee members may be re-appointed by the Chairperson on a year-to- year basis. ARTICLE VII RULES OF PROCEDURE Section 1. Commission Meetings: A. Regular Meetings: The Commission will meet the first Monday of each month. Special meetings shall be called by the Chair, or by written request of nine members of the Commission to the Chair. Special meetings may be called with ten (10) day notification of members and the public. Commission meetings will be open to the public and held in accordance with the Texas Open Meetings Act. Page of Pages Agenda Item No. B. Quorum: Nine members of the Commission shall constitute a quorum. If a quorum is not present, the meeting shall be canceled and the business conducted during the next regular meeting or at a special called meeting. C. Closed Sessions: The Chairperson shall have the authority to call the meeting into closed session in compliance with the Texas Open Meeting Act. Following the closed session, the Commission meeting shall be re-opened and any final determinations shall be announced. D. Chancre In By-Laws: These by-laws may be amended or revised during a regular meeting or special called meeting, provided advance notice is given of such proposed amendments or revision. Such advance notice shall be provided pursuant to agenda procedures stipulated herein below. It will take the concurrence of a majority of current voting members for the change to be approved. However, before the change shall be effective, it must be approved by the City Council. E. Presiding Chair: If the officers are not present at a regular or properly called special meeting, a majority of the remaining voting members (when a quorum exists) will determine who will conduct the meeting's business. F. Agenda: Any member may suggest agenda items to the Administrator or the Chair at least twelve (12) days prior to each meeting. The Administrator or Chairperson will coordinate the proposed agenda and the Administrator shall prepare and disseminate the agenda to Commission members at least ten (10) working days prior to each regular or special meeting. G. Order: Robert's Rules of Order Revised shall govern the proceedings of the Commission in all cases, unless they are in conflict with these rules. 1. The Chairperson shall rule on all points of order, subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Chair be sustained?" . 2 . All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may request a division, if the question reasonably admits of a division. The Chair shall state all questions submitted for a vote and announce the results. A roll vote shall be taken upon the request of any Commission member present. Page of Pages Agenda Item No. • 3 . Any member desiring to speak shall be recognized by the Chairperson, and shall confine his/her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. H. Voting: 1. Except in those instances where a greater number of affirmative votes are specified, and any other provisions to the contrary notwithstanding, approval of every resolution or motion shall require the affirmative vote of at least a majority of the Commission members present at a duly constituted meeting. 2 . The yeas and noes shall be taken upon the passage of all motions and resolutions and entered into the minutes of the meeting. Section 2 . Meetings of Committees: Unless otherwise provided, all committees and sub-committees shall meet at the call of their respective Chairperson at such time and place and with such degree of regularity and formality as shall be determined by such committee. All committees and sub- committees will present a report of each meeting to the Commission at the Commission's regular meeting. ARTICLE VIII INTERPRETATION Any ambiguity in, conflict between, or interpretation of any of the provisions of these By-Laws shall be reconciled and construed in a manner which will most nearly give effects to the general intents and purposes expressed herein. These By- Laws may be amended upon the affirmative vote of two-thirds of the Commission members at any regular or special meeting of the Commission, provided the proposed amendment or alteration be contained in the notice of such regular or special meeting. Changes will not take effect until approved by the City Council. ARTICLE IX SEVERABILITY If any article, section or provision of these By-Laws shall be held void, ineffective or invalid, the holding of such article, part of a section or any specific provision to be void, ineffective, or invalid for any cause whatsoever shall Page of Pages Agenda Item No. in no way affect the validity of the remaining articles, sections and provisions of these By-Laws, which shall remain in full force and effect. I, , being the duly elected and qualified Secretary of the Wichita Falls Commission on Human Needs, do hereby certify that the foregoing By-Laws were duly adopted by the members of the Wichita Falls Commission on Human Needs a duly called and convened meeting held on 19 • Page of Pages Agenda Item No. Affidavit of Publication THE STATE OF TEXAS Ad 490534 ORDINANCE NO.88-94 ORDINANCETERMINATINGTHE COUNTY OF WICHITA JIM KING COMMISSION ON E AGING, THE HUMAN RELA- (r TIONS COMMISSION AND THE re) COMMISSION ON DISABILITY ORDINANCE NO.89-92 On this 3rd day of N o v e m b e r ORDINANCE ESTABUSHING A COMMISSION ON HUMAN NEEDS 1992 ORDINANCE NO.90-91 ORDINANCE WAIVING sec- A.D. personally appeared before me, the undersigned authority SEC- TION 32-139 OF THE CODE OF D a r i c e Ming DETENTION S REQUIREMENTS RESPECT bookkeeper FOR THE REMAINING 26.39 ACRES OF UNDEVELOPED LAND for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls WITHIN THE UMITS OF THE MASTER PLAN OFIBELAIIR SUB- DIVISION News, a newspaper published at Wichita Falls in Wichita County, DIVISION ORDINANCE NO.91-94 Texas, and upon being duly sworn by me, on oath states that the attached AN ORDINANCE OF THE CITY p g y y COUNCIL OF THE CITY OF WICHITA ,FALLS AMENDING advertisement is a true and correct copy of advertising published CHAPTER 32 ENTITLED WATER one ( 1) AND SEWER AT SECTION in issues thereof on the following dates: 32-140 ORDINANCE NO.92-92 October 309 19 9 2 ORDINANCE WAIVING APPEN- DIX A,SUBDIVISION SECTION 9 . (B) (4) (a) OF THE CODE OF y ORDINANCES WITH RESPECT TO ��-�� 1 PLACING CURB AND GUTTER �7\ 'r \ ON THE WEST LINE OF TALLEY \ . -) .:`�.- —( - _ %" °!\ LANE ADJACENT TO THE EAST °* UNE OF BLOCK 1 OF FORNEY'S Bookkeeper for Times Publishing Company CORNER SUBDIVISION ORDINANCE NO.93-92 of Wichita Falls ORDINANCE TO APPROVE WAIVER OF SECTION 9 (F)(1) OF FOR LOT 1,ISLOCK 6,ORDINANCE SUMMIT %L.) Subscribed and sworn to before me this the day and year first above written. VIEW ESTATES FOR WATER SUPPLY SYSTEM 5 x. r1.3 0 t. " - Sr .,,.: • • •