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HomeMy WebLinkAbout10079 ORD - 01/20/19711/1271 r a AN ORDINANCE AMENDING THE ORDINANCE CREATING AND PROVIDING FOR A TRAFFIC SAFETY ADVISORY BOARD OF THE CITY OF CORPUS CHRISTI, BY AMENDING SECTIONS 21 -30 AND 21 -31 AND DELETING SECTION 21 -32 OFTHE CORPUS CHRISTI CITY CODE, 1958, SO AS TO DEFINE IN DETAIL THE ORGANIZATION, PURPOSE, AND DUTIES OF THE BOARD; PROVIDING A REPEAL- ING CLAUSE; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 21 -30 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE, AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS i FOLLOWS: "SEC. 21 -30. COMPOSITION, ORGANIZATION, TERMS, AND COMPENSATION; CHAIRMAN. "THE TRAFFIC SAFETY ADVISORY BOARD SHALL CONSIST OF NINE (9) MEMBERS APPOINTED BY THE CITY COUNCIL FOR THREE -YEAR TERMS. THE TERMS OF THREE (3) MEMBERS SHALL REGULARLY EXPIRE ON MAY 1 OF EACH AND EVERY YEAR. ALL SAID APPOINTIVE MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALI- FIED UNLESS REMOVED FROM THE BOARD AS HEREINAFTER PROVIDED IN SUBSECTION 30.2 OF THIS SECTION. EACH BOARD MEMBER SHALL BE A RESIDENT OF THE CITY AT THE TIME OF APPOINTMENT AND CONTINUOUSLY DURING THE TERM OF SERVICE ON THE BOARD. °30.1 EX- OFFICIO MEMBERS. THE CITY MANAGER, AND, AT HIS OPTION, HIS DESIGNATED REPRESENTATIVE, AND THE DIRECTOR OF TRAFFIC ENGINEERING SHALL SERVE AS EX- OFIC10 MEMBERS WITHOUT VOTE. THE BOARD IS HEREBY AUTHORIZED TO APPOINT AS EX- OFFICIO MEMBERS WITHOUT VOTING PRIVILEGES ANY ADDITIONAL MEMBERS. THE PRESENCE OF ANY EX- OFFICIO MEMBERS SHALL NEVER BE CONSIDERED IN DETERMINING A QUORUM FOR THE TRANSACTION OF BOARD BUSINESS. "30.2 REMOVAL OF BOARD MEMBERS. ANY COUNCIL-APPOINTED MEMBER WHO I FAILS TO ATTEND FOUR CONSECUTIVE MEETINGS OF THE BOARD, EXCEPT .FOR ILLNESS, INJURY OR ABSENCE FROM THE CITY, OR WHO SHALL FAIL TO ATTEND AT LEAST 50 PERCENT OF THE REGULAR MEETINGS IN ANY ONE YEAR, SHALL BE AUTOMATICALLY DISQUALIFIED AS OF THE ADJOURNMENT OF THE FOURTH CONSECUTIVE MEETING, OR UPON ADJOURNMENT OF THE REGULAR MEETING IMMEDIATELY FOLLOWING THE YEAR IN WHICH SUCH MEMBER ATTENDED LESS THAN!50 PERCENT OF THE REGULAR MEETINGS OF SUCH YEAR, AS THE CASE MAY BE, FROM SERVING ON THE BOARD, AND UPON CERTIFICATION OF SUCH CONSECUTIVE' ABSENCE, OR 50 PERCENT NON- ATTENDANCE, AS THE CASE MAY BE, IN FORFEITURE BY THE 1. 10079 CHAIRMAN OF THE BOARD TO THE CITY SECRETARY, THE CITY SECRETARY SHALL ADVISE THE DISQUALIFIED BOARD MEMBER AND THE CITY COUNCIL THAT THE POSI- TION IS VACANT. 30.3 OFFICERS. FOLLOWING THE ANNUAL APPOINTMENT OF THREE (3) NEW MEMBERS THE BOARD SHALL MEET AT ITS EARLIEST CONVENIENCE AND SHALL, BY MAJORITY VOTE, ELECT A CHAIRMAN WHO SHALL PRESIDE AT ALL MEETINGS OF THE BOARD AND A VICE CHAIRMAN WHO SHALL PRESIDE IN THE ABSENCE OF THE CHAIRMAN. THE DIRECTOR OF TRAFFIC ENGINEERING SHALL ACT AS THE SECRETARY OF THE BOARD AND SHALL SEND ALL NOTICES FOR THE MEETINGS OF THE BOARDS KEEP AND PRESERVE THE MINUTEST HAVE CUSTODY AND KEEP ALL DOCUMENTS AND PAPERS FILED WITH THE BOARD, ADVISE AND CONSULT WITH CITY OFFICIALS AS TO THE BOARD'S WORK AND RECOMMENDATIONS, ASSIST THE BOARD AND ITS COMMITTEES IN PLANNING AND CO- ORDINATING ITS PROGRAMS, MAINTAIN LIAISON WITH ORGANIZED COMMUNITY GROUPS AND OTHERS EFFECTIVELY SITUATED TO CARRY FORWARD ALL PLANS AND POLICIES OF THE BOARD AND ALL TRAFFIC ACCIDENT PREVENTION ACTIVITIES WHICH MAY BE APPROVED BY THE BOARD, AND PERFORM SUCH OTHER DUTIES AS MAY BE OF ASSISTANCE TO SAID BOARDS CONSISTENT WITH THE PRIMARY OBLIGATIONS OF THE DIRECTOR OF TRAFFIC ENGINEERING TO CITY MANAGEMENT. 30.4 COMMITTEES. THE CHAIRMAN OF THE BOARD, WITH THE APPROVAL OF THE BOARDS MAY ESTABLISH SUCH COMMITTEES AS MAY BE NECESSARY OR APPROPRIATE TO ASSIST THE BOARD IN ITS STUDIES AND IN THE PERFORMANCE OF ITS DUTIES. MEMBERS OF SUCH COMMITTEES MAY BE APPOINTED FROM AMONG MEMBERS OF THE BOARD OR FROM AMONG THE GENERAL PUBLIC, BUT THE BOARD CHAIRMAN SHALL DESIGNATE A VOTING BOARD MEMBER TO SERVE AS CHAIRMAN OF EACH COMMIw TTEE. ANY COMMITTEE APPOINTED BY THE BOARD TO STUDY, INVESTIGATE, ADVISE OR CONSULT WITH THEM ON ANY MATTER SHALL NEVER BE AUTHORIZED OR BE DEEMED CLOAKED WITH AUTHORITY TO DIVULGE PROGRESS RESULTS OR FINDINGS OF SUCH STUDY, INVESTIGATION, ADVICE OR CONSULTATION TO THE PRESS OR TO THE PUBLIC, AND ANY STATEMENT SO MADE BY SUCH COMMITTEE SHALL NOT CONSTITUTE OFFICIAL STATEMENTS OR POSI- TION OF THE BOARD OR THE CITY. 30.5 MEETINGS. THE BOARD SHALL MEET AT LEAST ONCE EACH MONTH AND SHALL MEET ON THE CALL OF THE CHAIRMAN OR ON CALL BY A MAJORITY OF ITS MEMBERS. THE BOARD SHALL ADOPT ITS OWN RULES OF PROCEDURE FOR NOTICE OF MEETINGS AND THE CONDUCT THEREOF. 30.6 QUORUM. FIVE (5) COUNCIL - APPOINTED MEMBERS SHALL CONSTITUTE A QUORUM." -2- SECTION 2. THAT SECTION 21 -31 OF THE CORPUS CHRISTI CITY CODE, 1954, AS AMENDED, BED AND THE SAME IS HEREBYP AMENDED BY AMENDING THIS SEC- TION TO HEREAFTER READ AS FOLLOWS: ' "SEC. 21 -31. PURPOSE AND DUTIES OF THE BOARD. THE PURPOSE OF THE BOARD IS TO BE RESPONSIBLE FOR PUBLIC ADVISORY JURISDICTION AND CITIZEN TRAFFIC SAFETY INVESTIGATIONS TRAFFIC ACCIDENT, INJURY AND DAMAGE PREVENTION IN THE CITY. DUTIES TO ACCOMPLISH THIS PURPOSE SHALL INCLUDE: (A) RESEARCHING, DEVELOPING AND IMPLEMENTING COORDINATED TRAFFIC SAFETY PROGRAMS WHICH MEET LOCAL NEEDS; (B) ACTING IN AN ADVISORY CAPACITY TO THE CITY COUNCIL AND THE CITY MANAGER IN THE COORDINATION OF TRAFFIC SAFETY ACTIVITIES OF THE OFFICIAL AGENCIES AND DEPARTMENTS OF THE CITY; (C) UPON REQUEST, PROVIDING PUBLIC TRAFFIC „SAFETY RESEARCH AND FURNISHING SUPPORTING INFORMATION TO OTHER OFFICIAL AGENCIES OF THE CITY; (D) PROMOTING PUBLIC ACCEPTANCE OF OFFICIAL PROGRAMS PROPOSED OR INITIATED BY THE CITY; (E) FOSTERING PUBLIC KNOWLEDGE AND SUPPORT OF TRAFFIC LAW ENFORCE- MENT AND UNDERSTANDING OF CITY TRAFFIC ENGINEERING PROBLEMS; ' (F) COOPERATING WITH PUBLIC AND PRIVATE SCHOOL SYSTEMS IN PROMOT- ING TRAFFIC SAFETY TRAINING AIDS IN THE SCHOOLS; (G) PROMOTING THE EDUCATION OF THE PUBLIC IN TRAFFIC SAFETY AND, GENERALLY ASSISTING IN THE OVERALL REDUCTION OF TRAFFOIC DEATHS, INJURIES, DAMAGE, AND ACCIDENTS ON THE CITY'S STREETS. THE BOARD SHALL HAVE AUTHORITY TO SUBMIT RECOMMENDATIONS IN LONG -RANGE PLANNING FOR BETTER TRAFFIC SAFETY. SUCH RECOMMENDATIONS SHALL BE MADE DIRECTLY TO THE CITY MANAGER. IF REQUESTED BY THE BOARD, THE CITY MANAGER SHALL SUBMIT HIS ACCEPTANCE, MODIFICATION, OR REJECTION OF.THE RECOMMENDATION WITHIN THIRTY DAYS FROM THE RECEIPT OF THE RECOMMENDATION. IN THE EVENT THE CITY MANAGER REJECTS OR MODIFIES THE RECOM- MENOATION OF THE BOARD, THE REASONS FOR SUCH ACTION SHALL BE STATED IN WRITING. (H) THE BOARD SHALL HAVE AUTHORITY TO FORMULATE RULES AND POLICIES FOR SOLICITATIONS PROMOTION AND ADVERTISING THE ACTIVITIES OF THE TRAFFIC SAFETY } ADVISORY BOARD AND TO THIS END THE BOARD MAY RECEIVE AND EXPEND FUNDS OR t GRANTS FROM ANY INDIVIDUAL, FIRM OR CORPORATION OR ANY OTHER SOURCE PROVIDED, HOWEVER, THAT THIS DELEGATION OF AUTHORITY SHALL NEVER BE CONSTRUED AS AUTHORIZING THE BOARD TO ENTER INTO ANY CONTRACT OR CREATE ANY OBLIGATION ON THE PART OF THE CITY. SUCH DESIGNATED RESOURCES SHALL BE RECEIVED AND ACCOUNTED FOR IN ACCORD WITH THE CITY CHARTER AND SHALL BE EXPENDED IN CITY TRAFFIC INVESTIGATION AND DEATH, INJURY, DAMAGE AND ACCIDENT EDUCATION AND PREVENTION PROGRAMS ONLY AFTER APPROVAL OF THE TRAFFIC SAFETY ADVISORY BOARD. IT IS HEREBY DECLARED TO BE THE INTENT AND POLICY OF THE CITY COUNCIL THAT ANY FUNDS GRANTED BY ANY PERSON, FIRM OR CORPORATION TO BE USED FOR AND ON BEHALF OF THE TRAFFIC SAFETY ADVISORY BOARD TO ADVERTISE AND OTHERWISE PRO- MOTE THE PROGRAMS AND SERVICES OF THE TRAFFIC SAFETY ADVISORY BOARD AND TO ACQUAINT THE PUBLIC WITH SUCH PROGRAMS AND SERVICES SHALL, WHEN GRANTED BY INSTRUMENT OF TRUST TO THE CITY TRAFFIC SAFETY BOARD ONLY, BE MAINTAINED IN A SEPARATE TRUST ACCOUNT OF THE CITY. (1) THE BOARD MAY INDEPENDENTLY REVIEW THE DECISIONS, ORDERS AND WARRANTS OF THE CITY TRAFFIC ENGINEER CONCERNING INSTALLATIONS OF TRAFFIC CONTROL DEVICES AND REGULATIONS, AND MAY RECEIVE AND HEAR CITIZEN COMPLAINTS REGARDING SUCH INSTALLATIONS, DEVICES, AND REGULATIONS; HOWEVER, THE BOARD SHALL HAVE NO POWER TO PROMULGATE OFFICIAL, CITY TRAFFIC CONTROL RULES AND REGULATIONS, ORDERS, OR WARRANTS." SECTION 3. THAT SECTION 21 -32 OF THE CORPUS CHRISTI CITY CODE, 1934, AS AMENDED, BE AMENDED, AND THE SAME IS HEREBY AMENDED, BY DELETING AND SPECIFICALLY REPEALING SECTION 21 -32 IN ITS ENTIRETY. SECTION 4. THE NECESSITY TO PROMPTLY MAKE THE HEREINABOVE DESCRIBED AMENDMENTS TO THE ORDINANCE PROVIDING FOR A TRAFFIC SAFETY ADVISORY BOARD OF THE CITY OF CORPUS CHRISTI ITS ORGANIZATIONS PURPOSE, AND DUTIES, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE 14AYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE -4- IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THk=l Vk DAY OF JANUARY, 1971. ATTEST: CITY - SECRETARY '/ 1 OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: jNG DAY OF JANUARY, 1971 CI Y AT TdRWE Y �� 0 Corpus Christi, Texas oa�day of , 197 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts 4 Ronnie Sizemore The above ordinance was passed by the fla.wing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore LIM2