Ordinance 2020-341
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ORDINANCE NO. 2020-34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NOS. 2020-03 AND 2014-19 AND
CHAPTER 2 (ADMINISTRATION), ARTICLE III (OFFICERS), DIVISION
2 (CODE OF ETHICS), SECTION 2-57 (BOARD OF ETHICS) OF THE
CITY OF WYLIE CODE OF ORDINANCES, ORDINANCE NO. 2005-07,
AS AMENDED; AMENDING ORDINANCE NOS. 2020-09 AND 2012-29
AND CHAPTER 2 (ADMINISTRATION), ARTICLE X (PUBLIC ARTS
PROGRAM), DIVISION 2 (PUBLIC ARTS ADVISORY BOARD),
SECTION 2-342 (NUMBER OF MEMBERS; APPOINTMENT; TERMS) OF
THE CODE OF ORDINANCES; AMENDING ORDINANCE NOS. 2020-05
AND 2013-17 AND CHAPTER 58 (HISTORIC PRESERVATION),
ARTICLE III (HISTORIC REVIEW COMMISSION), SECTION 58-53
(NUMBER OF MEMBERS; APPOINTMENT; TERMS) OF THE CODE OF
ORDINANCES; AMENDING ORDINANCE NOS. 2020-02 AND 2013-23
AND CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS),
ARTICLE II (CONSTRUCTION CODE BOARD), SECTION 22-26
(TENURE OF OFFICE) OF THE CODE OF ORDINANCES; AMENDING
ORDINANCE NOS. 2020-01 AND 2015-37 AND CHAPTER 18 (ANIMALS),
ARTICLE IV (ANIMAL SHELTER ADVISORY BOARD), SECTION 18-
123 (NUMBER OF MEMBERS; QUALIFIED APPOINTMENT; TERMS)
OF THE CODE OF ORDINANCES; AMENDING ORDINANCE NOS. 2020-
06 AND 1969-2 AND CHAPTER 66 (LIBRARY), ARTICLE II (PUBLIC
LIBRARY DEPARTMENT), DIVISION 2 (LIBRARY BOARD), SECTION
66-41 (MEMBERSHIP; APPOINTMENT; TERMS) OF THE CODE OF
ORDINANCES; AMENDING ORDINANCE NOS. 2020-08 AND 2005-37
AND CHAPTER 78 (PARKS AND RECREATION), ARTICLE II (PARKS
AND RECREATION BOARD), SECTION 78-23 (COMPOSITION;
APPOINTMENT AND TERMS OF OFFICE OF MEMBERS) OF THE
CODE OF ORDINANCES; AMENDING ORDINANCE NOS. 2020-10 AND
2001-48, ARTICLE 8 (DEVELOPMENT REVIEW PROCESS), SECTION
8.4 (ZONING BOARD OF ADJUSTMENT); AMENDING ORDINANCE
NOS. 2020-07 AND 1979-26 AND CHAPTER 90 (PLANNING), ARTICLE II
(PLANNING AND ZONING COMMISSION), SECTION 90-21 OF THE
CODE OF ORDINANCES; CLARIFYING THAT THE LIMIT FOR
CONSECUTIVE SERVICE ON THE BOARDS AND COMMISSIONS
NAMED IN THIS ORDINANCE APPLIES TO COMMISSIONERS AND
OFFICERS CURRENTLY SERVING ON THOSE BOARDS AND
COMMISSIONS; MODIFYING OTHER PROVISIONS RELATED TO
SUCH BOARDS AND COMMISSIONS; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, in January 2020, the City Council of the City of Wylie, Texas ("City
Council") adopted various ordinances that, among other things, established a limitation on
consecutive terms of service by members of certain boards and commissions of the City of Wylie,
Texas ("City"), but the ordinances did not state whether the new limitation applied to members
currently serving on the boards and commissions or not; and
WHEREAS, it is the intent of the City Council that this new limitation apply to boards and
commissions members serving on the Planning and Zoning Commission, Historic Review
Commission, Construction Code Board, Animal Shelter Advisory Board, Library Board, Parks
and Recreation Board, Public Arts Advisory Board, Zoning Board of Adjustment and Board of
Ethics as of the effective date of Ordinance Nos. 2020-01, 2020-02, 2020-03, 2020-05, 2020-06,
2020-07, 2020-08, 2020-09, 2020-10, as well as those boards and commissions members
appointed in the future such that a board or commission members who has served on the same
board or commission for three consecutive terms as of the effective date of such ordinances shall
be ineligible for reappointment to another term on his or her respective board or commission
without waiting one year before reapplying, except as otherwise provided herein; and
WHEREAS, the City Council has investigated and determined that other amendments are
necessary and advisable, as set forth herein; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to
amend each Ordinance referenced above and the Wylie Code of Ordinances, Ordinance No. 2005-
07, as amended ("Code of Ordinances"), as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Section 90-21 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-07 and 1979-26. Section 90-21 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-07 and 1979-26 are amended to read as follows:
"CHAPTER 90 (PLANNING)
ARTICLE II (PLANNING AND ZONING COMMISSION)
Sec. 90-21 Appointments; Vacancies; Removal
(a) The appointment of commissioners to the Planning and Zoning
Commission shall be subject to all applicable requirements of Article VIII
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and Article IX, Section 2, of the City Charter.
(b) No commissioner shall serve on the Commission for more than three
consecutive, two-year terms or six consecutive years, whichever is less,
unless extended by the affirmative vote of at least three -fourths of the full
membership of the City Council.
(c) Except for a commissioner whose tenure has been extended by the City
Council as provided above, a commissioner who has served three
consecutive, two-year terms or six consecutive years, whichever is less,
on the Commission may be reappointed to serve on the Commission after
being off the Commission for at least one year, and upon reappointment,
the commissioner is eligible to serve another three consecutive terms or
six consecutive years, whichever is less. Such commissioner is eligible,
however, for appointment to a different board or commission without
waiting.
(d) If any commissioner is absent from three consecutive meetings, his
position shall be declared vacant and the vacancy shall be filled for the
remainder of the unexpired term by the City Council within 30 days after
the vacancy occurs.
(e) The City Council may remove a commissioner with or without cause by
an affirmative vote of a majority of the full membership of the City
Council.
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SECTION 3: Amendment of Section 2-342 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-09 and 2012-29. Section 2-342 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-09 and 2012-29 are amended to read as follows:
"CHAPTER 2 (ADMINISTRATION)
ARTICLE X (PUBLIC ARTS PROGRAM)
DIVISION 2 (PUBLIC ARTS ADVISORY BOARD)
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Sec 2-342 Number of Members; Appointment; Terms
(a) The board shall consist of seven members to be appointed by the City
Council for a term of two years each.
(b) No member shall serve on the board for more than three consecutive, two-
year terms or six consecutive years, whichever is less, unless extended by
the affirmative vote of at least three -fourths of the full membership of the
City Council.
(c)
Except for a board member whose tenure has been extended by the City
Council as provided above, a member who has served three consecutive,
two-year terms or six consecutive years, whichever is less, on the board
may be reappointed to serve on the board after being off the board for at
least one year, and upon reappointment, the member is eligible to serve
another three consecutive terms or six consecutive years, whichever is
less. Such member is eligible, however, for appointment to a different
board or commission without waiting.
(d) In addition to the seven board members, the city manager (or his
designee) shall serve as an ex officio member of the board, but shall have
no right to vote on any matter before the board.
SECTION 4: Amendment of Section 58-53 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-05 and 2013-17. Section 58-53 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-05 and 2013-17 are amended to read as follows:
"CHAPTER 58 (HISTORIC PRESERVATION)
ARTICLE III (HISTORIC REVIEW COMMISSION)
Sec. 58-53 Number of Members; Appointment Terms
(a) The Commission shall consist of seven members to be appointed by the City
Council for a term of two years each. The City Council shall, to the extent
reasonably possible, endeavor to appoint at least four citizens at large and
the remaining three from the following categories:
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Member in good standing with the Downtown Merchants Association;
Member in good standing with the Wylie Historic Society;
Historian; and/or
Owner of, or resident or tenant in, a landmark property.
(b) No member shall serve on the Commission for more than three consecutive,
two-year terms or six consecutive years, whichever is less, unless extended
by the affirmative vote of at least three -fourths of the full membership of
the City Council.
(c) Except for a Commission member whose tenure has been extended by the
City Council as provided above, a member who has served three
consecutive, two-year terms or six consecutive years, whichever is less, on
the Commission may be reappointed to serve on the Commission after being
off the Commission for at least one year, and upon reappointment, the
member is eligible to serve another three consecutive terms or six
consecutive years, whichever is less. Such member is eligible, however, for
appointment to a different board or commission without waiting.
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SECTION 5: Amendment of Section 22-26 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-02 and 2013-23. Section 22-26 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-02 and 2013-23 are amended to read as follows:
"CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS)
ARTICLE II (CONSTRUCTION CODE BOARD)
Sec. 22-26 Tenure of Office; Absences
(a) The members and alternate members of the board shall serve for a term of
two years each.
(b) No member or alternate member shall serve on the board for more than
three consecutive, two-year terms or six consecutive years, whichever is
less, unless extended by the affirmative vote of at least three -fourths of the
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full membership of the City Council.
(c) Except for a board member or alternate member whose tenure has been
extended by the City Council as provided above, a member or alternate
member who has served three consecutive, two-year terms or six
consecutive years, whichever is less, on the board may be reappointed to
serve on the board after being off the board for at least one year, and upon
reappointment, the member or alternate member is eligible to serve
another three consecutive terms or six consecutive years, whichever is
less. Such member or alternate member is eligible, however, for
appointment to a different board or commission without waiting.
(d) If any member or alternate member is absent from three consecutive
meetings, his position shall be declared vacant and the vacancy shall be
filled for the remainder of the unexpired term by the City Council within
30 days after the vacancy occurs.
SECTION 6: Amendment of Section 18-123 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-01 and 2015-37. Section 18-123 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-01 and 2015-37 are amended to read as follows:
"CHAPTER 18 (ANIMALS)
ARTICLE IV (ANIMAL SHELTER ADVISORY BOARD)
Sec. 18-123 Number of Members; Qualified Appointment; Terms
(a) The Board shall consist of five members. The Board shall consist of one
licensed veterinarian, one member of the City Council of the City of Wylie,
Texas, the Animal Shelter Manager of the City of Wylie, Texas (whose
duties include the daily operation of the Wylie animal shelter), one
representative from an animal welfare organization and one resident of the
City of Wylie, Texas, with all Board members to be appointed by the City
Council for a term of two years each, except for the Animal Shelter Manager
who shall be a permanent member of the Board.
(b) Except for the Animal Shelter Manager, no member shall serve on the Board
for more than three consecutive, two-year terms or six consecutive years,
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whichever is less, unless extended by the affirmative vote of at least three -
fourths of the full membership of the City Council.
(c) Except for a Board member whose tenure has been extended by the City
Council as provided above, a member who has served three consecutive,
two-year terms or six consecutive years, whichever is less, on the Board
may be reappointed to serve on the Board after being off the Board for at
least one year, and upon reappointment, the member is eligible to serve
another three consecutive terms or six consecutive years, whichever is less.
Such member is eligible, however, for appointment to a different board or
commission without waiting.
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SECTION 7: Amendment of Section 66-41 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-06 and 1969-2. Section 66-41 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-06 and 1969-2 are amended to read as follows:
"CHAPTER 66 (LIBRARY)
ARTICLE II (PUBLIC LIBRARY DEPARTMENT)
DIVISION 2 (LIBRARY BOARD)
Sec. 66-41 Membership; Appointment; Terms; Absences
(a) The membership and terms of office of the library board shall be as provided
for in Section 2(C) of Article VIII of the City Charter.
(b) The City Council may remove a board member with or without cause by an
affirmative vote of a majority of the full membership of the City Council.
(c) The mayor or his nominee shall be an ex officio member of the board but
shall not be entitled to a vote on the board.
(d) No member shall serve on the board for more than three consecutive, two-
year terms or six consecutive years, whichever is less, unless extended by
the affirmative vote of at least three -fourths of the full membership of the
City Council.
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(e) Except for a board member whose tenure has been extended by the City
Council as provided above, a member who has served three consecutive,
two-year terms or six consecutive years, whichever is less, on the board may
be reappointed to serve on the board after being off the board for at least
one year, and upon reappointment, the member is eligible to serve another
three consecutive terms or six consecutive years, whichever is less. Such
member is eligible, however, for appointment to a different board or
commission without waiting.
(f)
If any member is absent from three consecutive meetings, his position shall
be declared vacant and the vacancy shall be filled for the remainder of the
unexpired term by the City Council within 30 days after the vacancy occurs.
SECTION 8: Amendment of Section 78-23 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-08 and 2005-37. Section 78-23 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-08 and 2005-37 are amended to read as follows:
"CHAPTER 78 (PARKS AND RECREATION)
ARTICLE II. PARKS AND RECREATION BOARD
Sec. 78-23 Compositions; Appointment and Terms of Office; Absences
(a) The membership and terms of office of the parks and recreation board shall
be as provided for in Section 2(B) of Article VIII of the City Charter.
(b) No member shall serve on the board for more than three consecutive, two-
year terms or six consecutive years, whichever is less, unless extended by
the affirmative vote of at least three -fourths of the full membership of the
City Council.
(c) Except for a board member whose tenure has been extended by the City
Council as provided above, a member who has served three consecutive,
two-year terms or six consecutive years, whichever is less, on the board may
be reappointed to serve on the board after being off the board for at least
one year, and upon reappointment, the member is eligible to serve another
three consecutive terms or six consecutive years, whichever is less. Such
member is eligible, however, for appointment to a different board or
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commission without waiting.
(d) If any member is absent from three consecutive meetings, his position shall
be declared vacant and the vacancy shall be filled for the remainder of the
unexpired term by the City Council within 30 days after the vacancy occurs.
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SECTION 9: Amendment of Ordinance Nos. 2020-10 and 2001-48. Section 8.4 of
Ordinance Nos. 2020-10 and 2001-48 are amended to read as follows:
"ARTICLE 8 (DEVELOPMENT REVIEW PROCEDURES)
SECTION 8.4 ZONING BOARD OF ADJUSTMENT
1. Membership. The Board shall consist of five members and two
alternates to be appointed by the City Council for a term of two years
each.
a. No member shall serve on the board for more than three
consecutive, two-year terms or six consecutive years,
whichever is less, unless extended by the affirmative vote of
at least three -fourths of the full membership of the City
Council.
b. Except for a board member whose tenure has been extended
by the City Council as provided above, a member who has
served three consecutive, two-year terms or six consecutive
years, whichever is less, on the board may be reappointed to
serve on the board after being off the board for at least one
year, and upon reappointment, the member is eligible to
serve another three consecutive terms or six consecutive
years, whichever is less. Such member is eligible, however,
for appointment to a different board or commission without
waiting.
c. The City Council may remove a board member for cause, as
found by the City Council, on a written charge after a public
hearing.
d. Vacancies shall be filled by the City Council for the
unexpired term.
e. The Board shall elect its own chairperson, who shall serve
for a period of two years or until his or her successor is
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elected.
f. The Council may appoint up to two alternate members of the
Board who shall serve in the absence of one or more regular
members when requested to do so by the Mayor or City
Manager. These alternate members, when appointed, shall
serve for the same period as regular members, be subject to
the same term limits, any vacancies shall be filled in the
same manner, and they shall be subject to removal as regular
members.
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SECTION 10: Amendment of Section 2-57 of the Wylie Code of Ordinances and
Ordinance Nos. 2020-03 and 2014-19. Section 2-57 of the Wylie Code of Ordinances and
Ordinance Nos. 202-03 and 2014-19 are amended to read as follows:
"CHAPTER 2 (ADMINISTRATION)
ARTICLE III (OFFICERS)
DIVISION 2 (CODE OF ETHICS)
Sec. 2-57 Board of Ethics
(c) Terms of Appointment. No member shall serve on the Board of Ethics for
more than two consecutive years. A member who has served for two
consecutive years on the Board of Ethics may be reappointed to serve on
the Board of Ethics after being off the Board of Ethics for at least one
year, and upon reappointment, the member is eligible to serve another
two consecutive years. Such member is eligible, however, for
appointment to a different board or commission without waiting.
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SECTION 11: Repealing/Saving. Each Ordinance referenced in this Ordinance and the
Code of Ordinances shall remain in full force and effect, save and except as amended by this or
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any other Ordinance. All provisions of any other ordinances in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from
being commenced for any violation if occurring prior to the repeal of the ordinance. Any
remaining portion of conflicting ordinances shall remain in full force and effect.
SECTION 12: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections,
sentences, clauses or phrases are declared unconstitutional and/or invalid.
SECTION 13: Effective Date; Application to Current Boards and Commissions Members.
This Ordinance shall become effective from and after its adoption. The term limitations and other
provisions set forth in Sections 2 through 10 shall apply retroactively to members serving on the
boards and commissions referenced herein as of the effective date of this Ordinance, including
those board and commission members whose appointments were made prior to the adoption of
this Ordinance.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 26th day of May 2020.
Eric Hogue, Ma
ATTESTED TO AND
CORRECTLY RECORDED BY:
Stephanie Storm, City Secretary
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