2008M51-TSAC
ORDINANCE NO. 08-M-51
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING AND RESTATING CHAPTER 2, ARTICLE IV,
SECTIONS 91-101, "ADMINISTRATION-TRANSPORTATION SAFETY
ADVISORY COMMISSION" OF THE CODE OF ORDINANCES OF THE
CITY OF SCHERTZ, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I.
Chapter 2, Article IV, Sections 91-101 of the Code of Ordinances of the City of Schertz,
Texas relates to the Transportation and Safety Advisory Commission and is hereby amended and
restated as follows including, in particular, amendments to Section 2-94:
"Sec. 2-91. Establishment.
There is hereby created a Transportation Safety Advisory Commission (the
"Commission").
Sec. 2-92. Purpose.
The Commission shall review safety issues relating to transportation in the City to
improve the quality of life in the City through a citizen-government partnership
that promotes safe and secure roads which provide and promote convenience,
recr~ational and leisure activities, and continued beautification of the City.
Sec. 2-93. Duties.
(a) Subject to the approved budget of the City for the Commission, the
Commission shall undertake the following activities:
(1) Coordinate and communicate with the City Manager and the
director of public works, and the Planning and Zoning
Commission, the Schertz Development Foundation, the Schertz
Economic Development Corporation, and similar bodies in the
City on matters related to transportation safety;
(2) Develop transportation safety materials, including but not limited
to brochures, videos, profiles, fact sheets, and similar materials or
information;
(3) Develop research materials related to transportation safety;
(4) Develop a transportation safety plan for the City;
(5) Review all existing and proposed traffic ordinances;
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(6) Develop and sponsor transportation safety courses for the citizens
of the City, including but not limited to defensive driving courses,
bicycle safety courses, and child car seat inspections;
(7) Participate in appropriate fact-finding trips, conferences, and
seminars related to transportation safety; and
(8) Review plans, plats, site plans, and master plans for traffic safety
recommendations when requested by the City Manager.
(b) The Commission shall, at least semi-annually, report its activities and
recommendations to the City Council through the City Manager.
(c) The Commission shall undertake such additional duties and activities as
may be approved from time to time by resolution of the City Council.
Sec. 2-94 Composition of Commission; Terms of Members; Alternate Members
(a) The Commission shall be composed of nine (9) regular members who are
residents or employees of the City and who shall be appointed by the City
Council. Each regular member of the Commission shall be appointed by the City
Council for a two-year term commencing on the expiration of the prior term of a
regular member.
(b) In addition, the City Council may from time to time appoint up to three (3)
additional persons as alternate members of the Commission. Such persons shall
also be residents or employees of the City and may be appointed for terms not
exceeding two (2) years. Such persons shall be designated by the City Council as
Alternate No.1, No.2, or No.3. Alternate members shall be entitled to receive
notice of all Commission meetings. Alternate members may comment on matters
coming before the Commission in the same manner that regular members may
comment but, except as provided below, shall have no authority to vote and,
unless serving in place of an absent regular member as provided below, shall not
be considered in determining the presence of a quorum.
(c) In the absence from a meeting of the Commission of up to three regular
members, alternate members who are present, in the order of their designation,
shall, for such meeting, be counted toward a quorum, vote, and have all other
rights of the absent regular members (except any absent regular member's office
on the Commission). If the regular member for whom an alternate member is
serving subsequently arrives at the meeting, he or she shall not participate in such
meeting, and the alternate member shall continue to serve until the conclusion of
such meeting.
(d) The City Council may remove a regular member or alternate member of
the Commission at any time, with or without cause.
(e) In the event of the death, resignation, or removal of a regular or alternate
member, the City Council shall appoint a replacement regular or alternate member
to serve for the remainder of such member's term. There shall be no limit on the
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number of terms an individual may serve on the Commission as a regular or
alternate member.
Sec. 2-95. Staff support and funding.
(a) The City shall provide staff support to the Commission through the City
Manager in coordination with the director of public works, the chief of police, and
a City Council liaison, each of whom shall serve as ad hoc members of the
Commission.
(b) Funding for Commission activities shall be provided by the City as a line
item in the City budget.
Sec. 2-96. Officers.
The members of the Commission shall select a chair to preside at meetings of the
Commission and a vice-chair to serve in the absence of the chair. The City
Manager shall provide a member of the City staff to serve as secretary for the
Commission.
Sec. 2-97. Meetings.
Regular meetings of the Commission shall be held at least quarterly. Special
meetings may be called by the chair or by any two members of the Commission.
Five members of the Commission shall constitute a quorum, which shall be
required for the Commission to conduct business. The vote of a majority of the
members present shall be required for any action to be effective. Meetings of the
Commission shall be conducted in accordance with the Texas Open Meetings Act.
Notice of meetings shall be posted in accordance with such Act by the secretary.
Minutes of Commission meetings shall be prepared by the secretary, and such
minutes shall be distributed to members and shall be made available under
standard City procedures to other interested persons.
Sec. 2-98. Disqualification from voting.
A member shall be disqualified from voting on a matter before the Commission if
such member has a personal or monetary interest with respect to the project being
voted upon or if the member will be affected, personally or monetarily (other than
as a member of the general public), by the outcome of the vote.
Sec. 2-99. No Compensation.
The members of the Commission shall serve without compensation, except for
reimbursement of actual expenses attendant to the performance of their duties as
authorized by the City Manager.
Sec. 2-100. Committees.
The chair may establish permanent or special committees. Membership on
committees may include individuals who are not members of the Commission, but
every committee shall be chaired by a member of the Commission.
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Sec. 2-101. Amendments.
The City Council may modify this article or the Commission may recommend
modifications to this article to the City Council, but such modifications must be
approved by City Council."
II.
The Bylaws of the Commission, as amended in conformance with this Ordinance, as attached
hereto as Exhibit A.
III.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or
unenforceable, the same shall not be construed to affect any other valid portion hereof, but all
valid portions hereof shall remain in full force and effect.
IV.
This Ordinance shall be effective from and after its final passage and any publication
required by the City Charter.
APPROVED on first reading the 4th day of November, 2008.
PASSED, APPROVED AND ADOPTED this the 16th y of December, 2008.
Mayor; City of Schertz, Texas
ATTEST:
a~O~il)
City Secretary, City of Schertz
(Seal of City)
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Exhibit A
BYLA WS
CITY OF SCHERTZ
TRANSPORTATION SAFETY ADVISORY COMMISSION
Section 1: Purpose
The purposes of the Schertz Transportation Safety Advisory Commission are as follows:
(1) Investigate safety issues and make recommendations with respect to our city's
roadways.
(1) Improve our city's quality oflife through a citizen-government partnership.
(2) Promote safe and secure roads which provide convenience, recreational and
leisure activities and continued beautification of the City of Schertz.
Section 2: Duties of the Commission
The defined duties of the Schertz Transportation Safety Advisory Commission are
outlined below. This listing is not intended to be limiting. Additional duties may be added by
the City Council as needed.
(1) Coordinate and communicate with the Schertz Planning and Zoning Commission,
the Schertz Development Foundation, the Schertz Economic Development
Corporation and similar bodies in the City of Schertz on matters related to
transportation safety.
(2) Develop safety materials i.e.: brochures, profiles, fact sheets, and similar
materials or information to be used for promotional activity, as needed.
(3) Develop research materials needed for promotion of transportation safety.
.
(4) Develop a transportation safety plan for the City of Schertz.
(5) Review proposed traffic ordinances and make recommendations to City Council.
(6) May participate in fact-finding trips, conferences, or seminars related to
transportation safety.
Section 3: Appointment, Eligibility, Membership; Alternate Members
(1) The Commission shall be composed of nine (9) regular members who are
residents or employees of the City and who shall be appointed by the City
Council. Each regular member of the Commission shall be appointed by the City
Council for a two-year term commencing on the expiration of the prior term of a
regular member.
(2) In addition, the City Council may from time to time appoint up to three (3)
additional persons as alternate members of the Commission. Such persons shall
also be residents or employees of the City and may be appointed for terms not
exceeding two (2) years. Such persons shall be designated by the City Council as
Alternate No.1, No.2, or No.3. Alternate members shall be entitled to receive
notice of all Commission meetings. Alternate members may comment on matters
coming before the Commission in the same manner that regular members may
comment but, except as provided below, shall have no authority to vote and,
unless serving in place of an absent regular member as provided below, shall not
be considered in determining the presence of a quorum.
(3) In the absence from a meeting of the Commission of up to three regular members,
alternate members who are present, in the order of their designation, shall, for
such meeting, be counted toward a quorum, vote, and have all other rights of the
absent regular members (except any absent regular member's office on the
Commission). If the regular member for whom an alternate member is serving
subsequently arrives at the meeting, he or she shall not participate in such
meeting, and the alternate member shall continue to serve until the conclusion of
such meeting.
(4) The City Council may remove a regular member or alternate or member of the
Commission at any time, with or without cause.
(5) In the event of the death, resignation, or removal of a regular or alternate member,
the City Council shall appoint a replacement regular or alternate member to serve
for the remainder of such member's term. There shall be no limit on the number
of terms an individual may serve on the Commission as a regular member or
alternate.
Section 4: Term of Office and Organization
The term of office will be a two-year period effective 1 January each year.
Commission members will select a Chairperson and Vice Chairperson from among the
regular members to officiate meetings during the first meeting of each calendar year. The
Commission will determine if additional officers are needed.
Section 5: Removal from Office
A regular member or alternate member may be removed from office by the City Council
at any time with or without cause.
Section 6: Vacancies
Upon the death, resignation, or removal of a regular or alternate member, the City
Council will appoint a replacement regular or alternate member to serve for the remainder of
such member's term.
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Section 7: Staff Support and Funding
Staff support will be provided by the City of Schertz Engineer, City of Schertz Director
of Public Works, City of Schertz Police Chief, City of Schertz Fire Chief, City of Schertz
Director of EMS, and City of Schertz City Planner. City representatives shall serve as ad hoc
members ofthe Commission. A recording secretary will be provided by City Staff.
Funding will be provided by the City of Schertz Public Works, Police Department, Fire
Department, EMS, and City Planning.
Section 8: Meetings and Quorums
Meetings will be conducted on a regular basis. Special meetings will be at the call of the
Chairperson.
A quorum is required to conduct business. A quorum is a majority of the regular
members of the commission. In the absence of one or more regular members, alternate members
may serve and be counted as a quorum as set forth in Section 3(3). For voting purposes, a
majority vote ofthe members (regular and alternate(s) serving in place of an absent regular
member) present is required to have effect.
Minutes will be recorded for each meeting by a Recording Secretary. Such minutes will
be distributed to Commission members and other interested parties.
Section 9: Disqualification from Voting
A member shall be disqualified from voting if he/she finds the following conditions to
exist: .
(1) A personal or monetary interest exists on the project being discussed.
(2) The member will be directly affected, personally or monetarily, by the outcome of
the vote.
Section 10: Compensation
The members of the Commission will serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of their duties.
Section 11: Committees
The Chairperson may establish permanent committees and/or committees for a specific
task. Membership on committees may include individuals who are not on the Commission.
Only a regular member ofthe Commission may chair a committee.
Section 12: Amendments
These bylaws may be amended or changed by a majority vote of the Commission and
approval by the City Council.
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