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1991S7- AMENDING 87S9 SECTION 2 ORDINANCE 9/-5-7 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE ORDINANCE CREATING CITY PLANNING AND ZONING COMMISSION, NO. 87-S-9, SECTION 2, MEMBERSHIP AND APPOINTMENT; SECTION 3, TERMS OF OFFICE AND REMOVAL FROM OFFICE; SECTION 4, ORGANIZATION; SECTION 7, COMMISSION ACTIONS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I THAT, Ordinance Creating City Planning and Zoning Commission, No. 87-S-9 of the City of Schertz, Texas, Section 2, Membership and Appointment, is hereby amended in the following manner: "SECTION 2 MEMBERSHIP AND APPOINTMENT Paragraph (2) (2) The members of the City Planning and Zoning Commission shall be qualified registered voters of the corporate limits of the City of Schertz, Texas and shall be representative of separate sections of the City dependent upon the availability of qualified personnel. II THAT, Ordinance Creating City Planning and Zoning Commission, No. 87-S-9 of the City of Schertz, Texas, Section 3, Terms of Office and Removal From Office, is hereby amended in the following manner: SECTION 3 TERMS OF OFFICE AND REMOVAL FROM OFFICE Paragraph (2) (2) The City Council may remove members of the Planning and Zoning Commission from office for malfeasance, conviction of a crime involving moral turpitude, or failure to attend two-thirds of the regular meetings of the Commission. III THAT, Ordinance Creating City Planning and Zoning Commission, No. 87-S-9 of the city of Schertz, Texas, Section 4, Organization, is hereby amended in the following manner: SECTION 4 ORGANIZATION The Commission created under this Article shall hold an organizational meeting in October every two (2) years and shall elect a Chairman and Vice-Chairman from among its members before proceeding to any other matters of business. No member currently serving as Chairman or Vice-Chairman shall be nominated to succeed himself as Chairman or Vice-Chairman if he has served a full one-year term in either of such capacities, except by unanimous vote of the Commission. The Commission shall elect a Secretary and such other officers as it deems necessary either from its membership or from staff representatives assigned by the City Manager of the City to work with the Commission. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this Article and the requirements of appl icable State Statutes. The Commission shall meet regularly and shall designate the time and place of its meetings. IV THAT, Ordinance Creating City Planning and Zoning Commission, No. 87-S-9 of the City of Schertz, Texas, Section 7, Commission Actions, is hereby amended in the following manner: SECTION 7 COMMISSION ACTIONS Paragraph (2) and Paragraph (4) (2) A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the members present. when fewer than all the members are present for the voting and when all motions to recommend on a given application fail to secure four (4) concurring votes, consideration of the application shall be continued to the next regular meeting upon motion carried by a majori ty of those present. Provided further that no request or application shall be continued under this rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at the next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule. -2- Add Paragraph (4) as follows: (4) The Chairperson is a voting member and will vote on each motion presented." v All ordinances and parts of ordinances ~n conflict with this ordinance are hereby repealed. Approved on first reading the ~ day of PASSED, APPROVED AND ADOPTED this the ~ 19 'ZL. Q--.>>,- p ,19 9.L dayVof ~"'O ATTEST: ity of Schertz, Texas (SEAL OF CITY) -3- RULES OF PROCEDURE AN AMENDMENT BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE PLANNING AND ZONING RULES OF PROCEDURE, I, ORGANIZATION AND OFFICERS; II, MEETINGS; IV, APPLICATION PROCEDURES; V, MEETINGS; VI, CERTIFICATION AND AMENDMENTS; AND PROVIDING A REPEALING CLAUSE. I THAT, Planning and Zoning Rules of Procedure, I, Organization, is hereby amended in the following manner: "I. ORGANIZATION AND OFFICERS 101. Orqanization The Planning and Zoning Commission shall consist of seven (7) regular members who are residents of the City, taxpayers and qualified registered voters of the City. The Commission shall exercise such powers as prescribed by the City Charter and Ordinance of the City. (Art. VIII, Sec. 8.01, Code of Ord.) 103. Duties, Paragraph C. and Paragraph E. C. The Secretary and/or designated Recording Secretary be custodian of the minutes and other official records, .attend to the correspondence of the Commission, and shall to be given such notices as are required and in the prescribed by law. shall shall cause manner E. Replacement of, or Forfeiture of, a Position on the Commission. (1) The Commission shall screen, select and recommend to the City Council replacement for a position on the Commission due to the death of a member, mental or physical disability, resignation, removal from office in any manner authorized by law, removal from the Commission by the City Councilor forfeiture of the office. (2) Forfeiture of position on the Commission shall be upon: a. Final conviction of a felony or offense involving moral turpitude. b. Ceasing to be a resident of the City. c. Failure to regularly attend Commission meetings without good cause. Good cause shall be illness or temporary disability or absence from Guadalupe County and adjoining counties or family emergency. There shall be a presumption of regular failure to attend when more than two-thirds of the regular meetings are missed. d. Upon expiration of term. II THAT, Planning and Zoning Rules of Procedure, II, Meetings, is hereby amended in the following manner: II. MEETINGS 202. Aqenda, Paragraph (1) (1) The Secretary and/or designated Recording Secretary shall cause to be prepared an agenda for each meeting of the Commission. There shall be attached to each agenda a report of matters pending further action by the Commission. A copy of the agenda shall be posted at the Municipal Complex offices as required by law for a period of three (3) full calendar days not counting the day of the meeting or the day of posting. (Art. 1011f, Art. 6252-27 VACS; Zoning Ord.) -2- III THAT, Planning Application Procedures, manner: and Zoning Rules ~s hereby amended of in Procedure, IV, the following IV. APPLICATION PROCEDURES 402. Schedules and Instructions Every proposal or request for Commission action or recommendation shall be filed, processed and considered ~n accordance with the specific schedules and instructions adopted as Appendixes to the Rules of Procedure. (See attached list.) 403. Submission of Supporting Information Information supporting a request approve or disapprove any proposal shall be submitted only through designated Recording Secretary Commission in public meeting. or recommendation to before the Commission the Secretary and/or in writing or to the 404. Withdrawal of Proposal When any applicant desires to withdraw his proposal he may do so by filing a written request to that effect with the Secretary and/or designated Recording Secretary. Such request shall be effective upon the date of its official receipt, provided however, that no such request shall be valid after notices have been mailed, except on action of the Commission. withdrawal of a proposal at any stage of its processing shall terminate all consideration of it by the City and the case file thereon shall be closed. (Art. 101lf and g VACS; Zoning Ord.) -3- IV THAT, Planning and Zoning Rules of Procedure, V, Meetings, is hereby amended in the following manner: V. MEETINGS 501. Order of Business The Chairman shall call the Commission to order and the members present and absent shall be recorded. The minutes of any previous meeting shall be submitted for approval. The public shall be advised of the procedures to be followed in the meeting. The Staff representative shall publicly advise the Commission of any communications received pertaining to any matter before the Commission. The Commission shall then hear and act upon those proposals scheduled for consideration together with such matters of business and report as the Commission or Secretary and/or designated Recording Secretary finds to require Commission consideration. 503. Motions, Paragraph B B. A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the members present. When fewer than all members are present for the voting and when all motions to recommend on a given application fail to secure four (4) concurring votes, consideration of the application shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under this rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule. (Art. 1011g VACS) -4- v THAT, Planning and Certification and Amendments, manner: Zoning Rules of Procedure, VI, is hereby amended in the following VI. CERTIFICATION AND AMENDMENTS 603. Amendment Amendment to the Rules of Procedure may be recommended by the Commission at any meeting, upon affirmative vote of a majority of the entire membership, provided such amendment is proposed at a preceding meeting and recorded in the minutes of such meeting. The recommendation will be presented to the City Council for approval and adoption. The approved amendment will become effective upon filing with the City Secretary." VI All rules of procedure and parts of rules of procedure in conflict with these rules of procedure are hereby repealed. -5- ADOPTED: ATTEST: This the 2- day of 1J?ao- /f9l. Received on , 19 Chairman, Planning & Zoning Commission Filed in the Office of the City Secretary this ___ day of , 19 City Secretary, City of Schertz, Texas -6-