Subject: 9654/Amend Code Sects/New Mayor-Council Form of Govt Date: Thu, 4 Jan 1990 13:14:00 -0500 ORDINANCE NO. 9654 AN ORDINANCE AMENDING VARIOUS SECTIONS OF PART II, CHATTANOOGA CITY CODE, SO AS TO MAKE SAID SECTIONS CONFORM TO THE NEW MAYOR-COUNCIL FORM OF GOVERNMENT ORDERED BY THE UNITED STATES DISTRICT COURT WHICH BECAME EFFECTIVE JUNE 11, 1990. _________________________ BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF CHATTANOOGA, TENNESSEE, That the following sections of Part II of the Chattanooga City Code be amended as provided hereinafter: SECTION 1. Sections 1-2 and 2-273 be amended by deleting the definition of "board of commissioners" and inserting the following: Council. The words "council" or "city council" shall mean the city council of the City of Chattanooga, Tennessee. SECTION 2. Sections 1-2, 1-11, 2-2, 2-7, 2-11, 2-105, 2-149, 2-175.1(f), 2-190, 2-224(b), 2-281(c), 2-282(e), 2-303, 2-325(b) and (e), 2-326, 2-342(2), 2-343, 2-349, 2-351, 2-353, 2-354, 2-359, 2-383, 2-403, 2-425(c), 2-448, 2-449, 2-462, 2-492(c), 2-493(c), 2-494, 2-512(2), 2-513(a), (d) and (e), 2-514(6), 2-515; 4-6(a)(1); 4-7(a)(1), 5-104, 5-109, 5-122(d), 5-124, 5-125; 8-102; 10-12(K), 10-12(L); 10-13(C)(1), 10-13(D); 10-14(A), 10-14(D); 11-58, 11-193, 11-227, 11-319, 11-384, 11-421, 11-424(d), 11-427, 11-431, 11-432(a)(2), 11-433(b), 11-434; 12-13, 0C 12-19, 12-38, 12-39; 13-14; 14-47, 14-50; 16-42, 16-43, 16-92; 18-66, 18-165, 18-167, 18-174, 18-176; 19-67, 19-68, 19-71, 19-92; 20-88; 21-3, 21-8; 22-2, 22-3, 22-4, 22-7, 22.5-32, 22.5-35; 24-97, 24-133; 26-14(e), 26-92; 27-36, 27-37; 32-31, 32-196, 32-197; 35-18 and 35-161(b) be amended by replacing the phrase "board of commissioners" or "board" or "commission" where the same refers to the board of commissioners, with that of "city council." SECTION 3. Section 2-4 be amended by replacing the title "auditor" with that of "internal auditor" and by replacing the last phrase "and the mayor may fill such vacancy by appointment until an election can be held by the board" with that of "and such vacancy shall be filled as provided by law." SECTION 4. Section 2-5 be amended by replacing the title "city treasurer" with that of "city finance officer." SECTION 5. Section 2-9 be amended by replacing the phrases "commissioner of education and health" with "mayor" and by replacing the phrases "board of commissioners" with "city council." SECTION 6. Section 2-41 be amended by replacing the phrase "board of commissioners" with that of "city council" and by replacing the word "board" with that of "council." SECTION 7. Section 2-44 be amended by replacing the phrase "mayor, with the approval of the board of commissioners," with that of "city attorney." SECTION 8. Sections 2-1, 2-61, 2-62, 2-63, 2-216(a), 2-218, 2-304, 2-305, 2-345, 2-347, 2-348, 2-359, 2-363, 2-364(b), 2-365, 2-450, 2-464(a) and (b), 2-466, 2-470, 2-492(b), 2-495; 2-516; 7-36; 11-138, 11-187; 12-10, 12-17, 12-18, 12-19, 12-36, 12-37, 12-40; 13-14; 15-27, 15-42, 15-44; 16-56, 16-92(b); 18-66; 19-71; 22-7; 24-76(a) and (b), 24-78, 24-80(a) and (b), 24-82; 25-49; and 35-115 be amended by replacing the title "city auditor" with that of "city finance officer." SECTION 9. Section 2-64 be amended by replacing the title "city auditor" with that of "clerk of the city council" and by replacing the phrase "board of commissioners" with that of "city council." SECTION 10. Sections 2-65, 2-66, 2-493(b), 10-1, 24-261, 24-376, 27-1, and 32-197 be amended by replacing the title "city auditor" with that of "clerk of the city council." SECTION 11. Sections 2-67 and 2-68(a) be amended by replacing the title "assistant city auditor" with that of "assistant city finance officer," by replacing the title "city auditor" with that of "city finance officer," and by replacing the phrase "with the approval of the board of commissioners" with that of "with the approval of the mayor and city council." SECTION 12. Sections 2-69 and 2-84 be deleted. SECTION 13. Sections 2-103, 2-143, 2-145, 2-161, 2-162, 2-166, 2-168, 2-173, 2-174, 2-223(b)(1) and (2), 2-283(b), (e) and (h), 2-342(3), 2-347(2), (3), (5) and (6), 2-424, 2-516; 5-43; 6-21, 6-47, 6-66, 6-87; 7-24, 7-124(4); 11-36, 11-380, 11-421, 11-432(a); 14-52, 14-80; 16-73; 20-27; 22-3, 22-4, 22.5-36; 24-138, 24-317, 24-348.1; 26-72(a), 26-73, 26-93; 27-62; 35-21; and 37-2 be amended by replacing the phrase "board of commissioners" or "board" with the title "mayor," and in Section 2-351 delete the phrase "by resolution adopted by majority vote of the board" and substitute in lieu thereof "by executive order of the mayor." SECTION 14. Section 2-85 be amended by replacing the title "city auditor" with that of "clerk of the city council." SECTION 15. Section 2-86 be amended by replacing the title "commissioner of public works, streets and airports" with that of "mayor." SECTION 16. Section 2-138 be amended as follows: Under the title "Department," the wording should be amended to read: "Any of the divisions of city government approved by the council." Under the title "Exempt service," the phrase "board of commissioners" should be replaced with that of "city council" and the phrase "any member of the board of commissioners" should be replaced with that of "any department head." In (6), the phrase "or commissioners" be and is stricken, and in (6) and (7) the phrases "board of commissioners" is replaced by that of "city council." In (6) the first sentence is amended to read: "Department heads (administrators), administrative or executive assistants under the direct supervision of the mayor or direct supervision of any department head." Under the title "Hours worked" and "Personnel director," the phrase "board of commissioners" be and is replaced with that of "city council." Under the title "Work week," the words "resolution adopted by the board of commissioners" be and are replaced by the words "the mayor." SECTION 17. Section 2-140(b) be amended by replacing the phrase "any member of the board of commissioners" with "the mayor." SECTION 18. Section 2-141 be amended by replacing the words "commissioner in whose department such officer, agent or employee is to be employed, subject to confirmation or approval by a majority vote of the board of commissioners at its first regular meeting (Tuesday) after such appointment, nomination or employment has been made." with "mayor.", and replacing the words "commissioner in whose department any position needs to be filled" with "mayor." SECTION 19. Section 2-142 be amended by striking it and inserting in lieu thereof: Every employee shall either be registered to vote in the State of Tennessee or eligible to vote in the State of Tennessee except those employees employed and living outside of the State of Tennessee on January 18, 1990, shall be exempt from this provision. SECTION 20. Section 2-143 be and is amended by replacing the word "commissioner" with "mayor." SECTION 21. Section 2-152(a), (g), (i)(1) and (i)(2) be amended by replacing the phrase "board of commissioners" with that of "city council" and by replacing the title "city auditor" with that of "city finance officer." SECTION 22. Section 2-152(i)(2) is further amended by substituting "department head" for the words "commissioner of the department." SECTION 23. Section 2-152(i)(4) be amended so as to delete the phrase "Each member of the board of commissioners" and substitute in lieu thereof "Each department head." SECTION 24. Section 2-172 is amended by replacing the terms "commissioner of fire and police," "commissioner" and "board of commissioners" with the terms "department head," "department head" and "mayor," respectively. SECTION 25. Section 2-175(a)(1) is amended by replacing the phrase "board of commissioners" with "City" and Section 2-175(a) is further amended by striking the words "as approved by the board of commissioners" and substituting in lieu thereof "as approved by the city council." SECTION 26. Section 2-175(f)(4) be amended by replacing the phrase "any member of the board of commissioners" with that of "the mayor or any department head." SECTION 27. Section 2-186 is amended by deleting the words "commissioner who is the." SECTION 28. Section 2-202 as provided for by Ordinance 9249 is redesignated as Section 2-203 and the old Section 2-202(b) is further amended by replacing "Commissioner" with "department head" and deleting the last two sentences thereof. SECTION 29. Section 2-222(a)(5) is amended by deleting the phrase "or any commissioner." SECTION 30. Sections 2-223(a), 2-223(a)(1), and 2-223(a)(3)(d) be amended by replacing the phrases "board of commissioners" with the title of "mayor." SECTION 31. Section 2-223(b)(1) be amended to read: "Complaints of sexual harassment against elected legislative and judicial officials shall be investigated by a city employee appointed by the mayor and any such complaints against the mayor shall be investigated by a city employee appointed by the city council." SECTION 32. Section 2-223(b)(2) is amended by striking "board of commissioners" and inserting in lieu thereof "person or body appointing him." SECTION 33. Section 2-224(a)(1), (2), (3), (4) and (6) be amended by replacing the phrase "commissioner" and/or "mayor" with that of "department head." SECTION 34. Sections 2-273 and 2-283(a) be amended by replacing the phrase "member(s) of the board of commissioners" with that of "department head(s)." SECTION 35. Section 2-283(d) be amended by replacing the phrase "board of commissioners member" with that of the words "department head." SECTION 36. Section 2-285(a)(1) be amended by deleting the words "or commissioners." SECTION 37. Sections 2-302(a) and (b), and 2-447 be deleted. SECTION 38. Sections 2-306, 2-307(a), (b) and (c), 2-309, 2-470, 2-514(7) and (8), and 12-37 be amended by replacing the title "city auditor" with that of "city finance officer," and by replacing the term "board of commissioners" and "board" with that of "mayor and city council" and "council." SECTION 39. Section 2-308 be amended by replacing the title "city auditor" with that of "city finance officer," by replacing the phrase "board of commissioners" with the title "mayor," and by replacing the word "board" with "mayor and council." SECTION 40. Sections 2-310, 2-311, 2-312, 2-313, 2-314, 2-318, 2-320(a), 2-321, 2-322, 2-323 be amended by replacing the title "city auditor" with that of "city finance officer," and by replacing the phrase "board of commissioners" as it may appear therein with that of "city council." SECTION 41. Section 2-320(b) be amended by replacing "board of commissioners" with "mayor or department head." SECTION 42. Section 2-323 is further amended by replacing "department of public affairs and finance" with "finance officer." SECTION 43. Section 2-325(d) be amended by replacing the first "board of commissioners" with "city council" and the second with "mayor and city council." SECTION 44. Section 2-325(c) be amended by replacing the word "commissioners" with "council", and replacing "January 30" with "September 30." SECTION 45. Section 2-341 be amended by replacing the phrase "board of commissioners" with "mayor" and the word "board" with "mayor." SECTION 46. Section 2-342(5) and (6) be amended by replacing "board of commissioners" with "mayor and city council." SECTION 47. Section 2-342(7) be amended by replacing the phrase "board of commissioners" with that of "city council," and by replacing the first reference to "city auditor" with "mayor, city finance officer", and the remaining references to "city auditor" with "city finance officer." SECTION 48. Section 2-343 be amended by adding a new subsection (c) as follows: "When it is necessary to purchase from a single source, a report thereon shall be filed with the mayor and city council before its next meeting." SECTION 49. Sections 2-350 and 2-358 be amended by replacing the word "commissioner" with "department head," and substituting "two hundred dollars ($200)" for "one hundred dollars ($100)" and by substituting "fifty dollars ($50.00)" for "five dollars ($5.00)." SECTION 50. Section 2-360 be amended by replacing the phrase "board of commissioners" with that of "city council," and by replacing the phrase "mayor or commissioner" with that of "mayor and head of the department." SECTION 51. Section 2-361 is amended by replacing the first two references to the "board of commissioners" with "mayor" and the final reference with "city council" SECTION 52. Section 2-366 is amended by replacing the first "board of commissioners" with "mayor and city council" and the remaining "board of commissioners" with "city council." Section 2-366(b) is further amended by inserting the words "mayor to cause the" after the words, "direct the." SECTION 53. Section 2-367 and 2-425 be amended by replacing "board of commissioners in its discretion" with "mayor, subject to city council approval." SECTION 54. Section 2-404 be amended by replacing the title "city auditor" with that of "city finance officer," and by replacing the title "county judge" with that of "county executive." SECTION 55. Section 2-421 be amended by replacing the last sentence with "Such employees shall be appointed by the mayor." SECTION 56. Sections 2-426(c) and 2-514(6), (7) and (8) be amended by replacing the phrase "board of commissioners" with "mayor and city council." SECTION 57. Section 2-442 be amended by deleting the first two sentences thereof and inserting in lieu thereof the following: "The city council is hereby appointed as the policy body for human service programs." SECTION 58. Section 2-443(2) be amended by deleting the number "twenty-one (21)" and inserting in lieu thereof the number "twenty-five (25)" and deleting the term "city commissioner" and inserting in lieu thereof "member of city council." SECTION 59. Sections 2-448 and 2-449 be amended by replacing the term "executive director" with "administrator." SECTION 60. Section 2-462 be further amended by deleting the third sentence thereof. SECTION 61. Sections 2-492(a) and 2-493(a) be amended by striking the remainder of the first sentence after the word "mayor." SECTION 62. Section 3-15 be amended by deleting said section in its entirety and inserting in lieu thereof the following: An appeal to the board of sign appeals from any adverse decision of the building inspector or traffic engineer may be filed in writing with the building inspector or the secretary to the board within ten (10) days of any such decision; the secretary to the board shall notify the person filing the appeal of the hearing date. The decision of the board of sign appeals shall be final. SECTION 63. Section 3-108 be amended by deleting the first sentence of the second paragraph thereof and inserting in lieu thereof the following: "The mayor shall name the secretary to the board." SECTION 64. Section 2-492(b) is amended by deleting the words "or board of commissioners." SECTION 65. Sections 5-24 and 5-56 be amended by replacing "board of commissioners" with "beer board." SECTION 66. Section 5-122(c)(2) be amended by replacing "Each member of the Board of commissioners" with "the mayor and city council." SECTION 67. Section 5-122(c)(3) be amended by replacing "commissioner of fire and police" with "chief of police." SECTION 68. Section 5-122(c)(4) be amended by replacing "other commissioners" with "city council," and Section 5-125(c)(2) be amended by adding "the mayor and" after the words "in writing to." SECTION 69. Sections 6-47 and 6-66 be further amended by substituting "his" for the word "its." SECTION 70. Section 7-36 be amended by replacing the phrase "the commissioner of fire and police may, with the approval of the board of commissioners" with that of "the mayor may with the approval of the city council," and by replacing the title "city auditor" with that of "city finance officer." SECTION 71. Section 7-101 be amended by replacing "commissioner of public works, streets and airports" with "mayor or his designee." SECTION 72. Section 7-103 be amended by replacing "department of public works, streets and airports" with "city." SECTION 73. Section 7-123 be amended by replacing the phrase "commissioner of public utilities, grounds and buildings" with the word "mayor or his designee." SECTION 74. Section 8-64 be amended by replacing the phrase "commissioner of public utilities, grounds and buildings" and the word "commissioner" with "Chattanooga Metropolitan Airport Authority" and deleting the last sentence. SECTION 75. Section 8-67 be amended by replacing the phrase "board of commissioners" with "Chattanooga Metropolitan Airport Authority." SECTION 76. Section 8-102 be amended by replacing the phrase "board of commissioners and county council" with that of "city council and county commission." SECTION 77. Section 9-17 be amended by deleting said section and inserting in lieu thereof the following: The commission established by this article shall consist of the county executive, the chairman of the county commission and three (3) citizens of the county outside any of the municipalities, such citizens to be appointed by the county executive and approved by the county commission, the mayor and chairman of the city council and three (3) citizens of the city appointed by the mayor and approved by the city council, and when and if other municipalities join: the Town of Lookout Mountain, Town of Signal Mountain, Town of East Ridge, City of Red Bank, and the City of Ridgeside, one (1) member of each, to be appointed by the mayor, each of which may be an official or citizen. SECTION 78. Sections 9-21 and 11-373(3) be amended by replacing the title "commissioner of the department of public utilities, grounds and buildings" with "mayor or his designee." SECTION 79. Section 9-23 be amended by replacing the title "county judge" with that of "county executive," by replacing the title "commissioner of public utilities, grounds and buildings" with that of "mayor," by replacing the phrase "board of commissioners" with "city council", and by replacing "county council" with "county commission." SECTION 80. Sections 10-13(B)(C), 10-14(A)(B), 10-12(L), be amended by replacing "City Commission" with "City Council." SECTION 81. Section 11-33 be amended by: striking the words "and board of commissioners" in Section 11-33(2); replacing in (c) the terms "city commission" and "commission" with "mayor." SECTION 82. Section 11-163 be amended by inserting "to the mayor" after "recommended" and replacing "board of commissioners" with "city council." SECTION 83. Section 11-188 be amended by replacing the title "commissioner and commissioner of fire and police" with that of "chief of the police department," and by replacing the phrase "board of commissioners" with "city council through the mayor." SECTION 84. Sections 11-193 and be amended by replacing the words "board of commissioners" and "board" with the title "mayor." SECTION 85. Sections 11-341 through 11-345, 11-347, 11-349, 11-350 and 11-373 be amended by replacing the titles "commissioner of public utilities" and "commissioner" with "mayor or his designee." SECTION 86. Section 11-342 is amended by deleting the definition of "commissioner" and inserting the definition "Mayor." As used in this article, Mayor shall mean the mayor or his designee." SECTION 87. Sections 11-422(f) and 11-430 be amended by replacing the word "board" and the phrase "board of commissioners" with the word "council" and the phrase "city council." SECTION 88. Section 11-432(b) be amended by replacing the word "board," with "city council." SECTION 89. Section 13-15 be amended by replacing the title "vice-mayor" with "chairman of the council" and "board of commissioners" with "city council." SECTION 90. Section 15-30 be amended by replacing the title "vice mayor" with that of "chairperson of the city council," by replacing the title "commissioner of fire and police" with that of "vice chairperson of the city council," by replacing the title "commissioner of public, works, streets and airports" with that of "head of the police department," and by deleting subsections 4, 5 and 6. SECTION 91. Section 15-45 be amended by replacing the title "vice mayor" with that of "chairperson of the city council," and by replacing the phrase "board of commissioners" with that of "city council." SECTION 92. Section 16-1 be amended so as to delete the first sentence and insert in lieu thereof: "Any person employed as a member of the police or fire department must either be registered to vote in the State of Tennessee or eligible to vote in the State of Tennessee except that those employees currently employed and living outside of the State of Tennessee shall be exempted from this provision." Said section is further amended by replacing "commissioner of the department of fire and police" with "head of the department(s) of fire and police." SECTION 93. Section 16-4 be amended by replacing "commissioner of fire and police" with "department head of the fire department." SECTION 94. Section 16-6 be amended by replacing "board of commissioners" with "city." SECTION 95. Sections 16-7, 16-11, 16-12, 16-43, 16-48, 16-54 and 17-33 be amended by replacing the title "commissioner of fire and police" or "commissioner" with that of "mayor." SECTION 96. Sections 16-51, 16-52 and 16-53 be amended by replacing the title "commissioner of fire and police" with that of "mayor" by replacing the phrase "board of commissioners" with that of "city council," and by replacing the title "city auditor" with that of "city finance officer." SECTION 97. Section 16-56 be amended by deleting the title "commissioner of fire and police." SECTION 98. Sections 16-73 and 16-75 be amended by replacing "commissioner of the department of fire and police" and "commissioner" with "police chief." SECTION 99. Sections 17-1 be amended by replacing the title "city auditor" with that of "clerk of the city council." SECTION 100. Section 17-16 is amended by deleting the second sentence thereof. SECTION 101. Sections 17-17, 17-18 and 17-19 is amended by replacing "commissioner of fire and police" and "city commission" with "mayor." SECTION 102. Sections 17-27 and 17-28 be amended by replacing "commissioner of fire and police" with "mayor or his designee" and "board of commissioners" and "board" with "city council." SECTION 103. Sections 18-4 and 18-5 be amended by replacing "commissioner of the department of public works" with "mayor." SECTION 104. Sections 18-162, 18-163, 18-166, 18-167, 18-171, 18-172, 18-175, 18-176, 21-29 and 24-97 be amended by replacing the titles "commissioner of public works, streets and airports" and "commissioner" with that of "mayor." SECTION 105. Sections 19-1 and 21-8 be amended by replacing the title "city auditor" with that of "clerk of the city council." SECTION 106. Section 22.5-1 be amended by replacing the title "city auditor" with that of "clerk of the city council." SECTION 107. Section 24-23 be amended by replacing "fire and police commissioner" with "chief of police." SECTION 108. Sections 24-116, 30-3, 31-136(f) and 31-137(j) be amended by replacing "board of commissioners" with "mayor and city council." SECTION 109. Section 24-322(b) be amended by deleting the phrase "When ordered to do so by appropriate resolution of the board of commissioners." SECTION 110. Sections 24-345, 24-346, 24-347, 24-348.1, 32-3 and 32-14 be amended by replacing the title "commissioner of public works, streets and airports" with that of "head of the public works department." SECTION 111. Section 24-376(c) be amended by deleting subsections (1) through (6) and substituting in lieu thereof: "(1) Chairman of the council; (2) Vice chairman of the council; and (3) Chief of police." SECTION 112. Sections 24-416 through 24-421, inclusive, and Sections 25-12 and 26-18 be and are hereby repealed. SECTION 113. Section 24-437(b) be amended by replacing "commissioner of fire and police" with "mayor, chief of police or fire chief." SECTION 114. Sections 25-47 and 25-49 be amended by replacing "board of commissioners" and "board" with "chief of police." SECTION 115. Sections 26-1 and 26-72(b) be amended by replacing the title "commissioner of public utilities, grounds and building" with that of "mayor." SECTION 116. Sections 26-2, 26-12, 26-13, 26-14, 26-36, 26-37, 26-38, 26-39, 26-41, 26-91 and 26-92 be amended by replacing "commissioner of public utilities, grounds and buildings" and "commissioner" with "mayor or his designee." SECTION 117. Sections 26-15, 26-17 and 26-19 be amended by replacing "commissioner of public utilities, grounds and buildings" with "head of the recreation department." SECTION 118. Section 26-57 be amended by deleting the definition of "Commissioner." SECTION 119. Section 26-58 be amended by replacing "commissioner" with "mayor." SECTION 120. Section 26-60 be amended by replacing "office of the commissioner" and "commissioner" with "mayor or his designee" and by replacing "department of public utilities, grounds and buildings" with "city." SECTION 121. Sections 26-71 and 26-72 be amended by replacing the phrase "board of commissioners, plus the commissioner of public utilities, grounds and buildings" with that of "mayor." SECTION 122. Sections 28-2 and 28-6 be amended by replacing the title "commissioner of fire and police" with that of "chief of police" and replacing "the next meeting of the board of commissioners" with "mayor." SECTION 123. Sections 29-5, 35-26 and 35-27 be amended by replacing "board" and "board of commissioners" with "traffic engineer." SECTION 124. Section 30-4 be amended by replacing the title "city auditor" with that of "city finance officer," and by replacing the phrase "board of commissioners" with that of "city council." SECTION 125. Section 32-10 be amended by replacing the titles "commissioner" and "commissioner of public utilities, grounds and buildings" with that of "municipal forester." SECTION 126. Section 32-104 be amended by replacing "board of commissioners" with "city engineer." SECTION 127. Sections 35-181 and 35-183 be amended by replacing the title "commissioner of the department of fire and police" with that of "mayor." SECTION 128. Section 35-183 be amended by deleting everything after the word "article" and adding a period after said word. SECTION 129. Appendix A, Section 622, be amended by replacing "Commission" with "Council." SECTION 130. Appendix A, Section Two, Appeal, be amended by replacing "board of commissioners" with "city council." SECTION 131. Section 2-202, which was amended by Ordinance 9104, be amended by replacing the phrase "board of commissioners" with that of "city council." SECTION 132. Section 26-104, which was amended by Ordinance No. 9315, be amended by replacing the phrase "board of commissioners" with that of "city council." SECTION 133. Except as otherwise provided hereinabove, all executive and administrative authority and responsibility now vested in and exercised by the board of commissioners and its individual members shall be vested exclusively in the mayor. All references in the charter to individual commissioners or the board of commissioners acting in their administrative or executive capacity are hereby deleted and the word "mayor" substituted therefor. SECTION 134. Except as otherwise provided hereinabove, all legislative and quasi-judicial authority and responsibility now vested in and exercised by the board of commissioners shall be vested exclusively in the city council. All references to the "board of commissioners" or "board" or "city commission" or "commissioners" or "commission" where the same refers to the board of commissioners acting in its or their legislative or quasi-judicial capacity in the present city charter are hereby deleted and there is inserted in lieu thereof the phrase "city council" or "council" or "council members." SECTION 135. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 136. That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law. PASSED on Third and Final Reading Jan. 6, 1992. _/s/______________________________ CHAIRPERSON APPROVED:______ DISAPPROVED:______ DATE:________________ _____, 1992. _/s/______________________________ MAYOR RLN:cjc