2009M45-Restating Chapter 2-Adm-TSAC ORDINANCE NO. 09-M-45
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, REMOVING AND APPOINTING
COMMISSION MEMBERS, 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, deleting references to the Schertz Development
Foundation and providing for two (2) alternate members of the Commission:
"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 acitizen-government partnership
that promotes safe and secure roads which provide and promote convenience,
recreational 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 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;
Ordn 09-M-45.doc 1
(4) Develop a transportation safety plan for the City;
(5) Review all existing and proposed traffic ordinances;
(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
maybe 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 atwo-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 two (2)
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 or No. 2. 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 two regular
members, alternate members who are present (in alternating order if there is only
one regular member absent) 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.
Ordn 09-M-45.doc 2
(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
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 regular members of the Commission shall select a chair to preside at
meetings of the Commission and avice-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 regular 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 (including any alternate member or members acting in the
absence of a regular member or 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 all
regular and alternate members and shall be made available under standard City
procedures to other interested persons.
Sec. 2-98. Disqualification from voting.
A regular or alternate 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.
Ordn 09-M-45.doc 3
Sec. 2-99. No Compensation.
The regular and alternate 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 regular or alternate members of
the Commission, but every committee shall be chaired by a regular member of the
Commission.
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 Part I of this
Ordinance, as attached hereto as Exhibit A, are hereby approved.
III.
Regular Commission member Ronald White is hereby removed from the Commission for
repeated failure to attend Commission meetings, and alternate Commission member Michael
Goos is hereby appointed to fill Mr. White's remaining term of office on the Commission.
IV.
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.
V.
This Ordinance shall be effective from and after its final passage and any publication
required by the City Charter.
[The remainder of this page intentionally left blank.)
Ordn 09-M-45.doc 4
APPROVED on first reading the 24th day of November, 2009.
PASSED, APPROVED AND ADOPTED this the 15th da. of December, 2009.
Mayor, City of Schertz, Texas
ATTEST:
ity Secretary, City of Schertz
(Seal of City)
Ordn 09-M-45.doc 5
EXHIBIT A
BYLAWS
CITY OF SCHERTZ
TRANSPORTATION SAFETY ADVISORY COMMISSION
(1) Purpose
The purposes of the Schertz Transportation Safety Advisory Commission are as follows:
(a) Investigate safety issues and make recommendations with respect to our city's
roadways.
(1) Improve our city's quality of life through acitizen-government partnership.
(2) Promote safe and secure roads which provide convenience, recreational and
leisure activities and continued beautification of the City of Schertz.
(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.
(a) Coordinate and communicate with the Schertz Planning and Zoning Commission,
the Schertz Economic Development Corporation and similar bodies in the City of
Schertz on matters related to transportation safety.
(b) Develop safety materials i.e.: brochures, profiles, fact sheets, and similar
materials or information to be used for promotional activity, as needed.
(c) Develop research materials needed for promotion of transportation safety.
(d) Develop a transportation safety plan for the City of Schertz.
(e) Review proposed traffic ordinances and make recommendations to City Council.
(f) May participate in fact-finding trips, conferences, or seminars related to
transportation safety.
(3) Appointment, Eligibility, Membership; 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
Ordn 09-M-45.doc 6
Council for atwo-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 two (2)
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 or No. 2. 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 two regular members,
alternate members who are present (in alternating order if there is only one
regular member absent) 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 or 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 number
of terms an individual may serve on the Commission as a regular member or
alternate.
(4) Term of Office and Organization
The term of office will be a two-year period effective 1 January each year.
Regular 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.
(5) Removal from Office
A regular member or alternate member maybe removed from office by the City Council
at any time with or without cause.
Ordn 09-M-45.doc 7
(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.
(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 of the 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.
(8) Meetings and Quorums
Meetings will be conducted on a regular basis. Special meetings will be at the call of the
chairperson or any two regular members of the Commission.
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 of the members (including any alternate member or members acting in the absence
of a regular member or members) present is required to have effect.
Minutes will be recorded for each meeting by the Secretary. Such minutes will be
distributed to regular and alternate Commission members and other interested parties.
(9) Disqualification from Voting
A regular or alternate member shall be disqualified from voting if he/she finds the
following conditions to exist:
(a) A personal or monetary interest exists on the project being discussed.
(b) The member will be directly affected, personally or monetarily, by the outcome of
the vote.
(10) Compensation
The regular and alternate members of the Commission will serve without compensation,
- except for reimbursement of authorized expenses attendant to the performance of their duties.
(11) Committees
The Chairperson may establish permanent committees and/or committees for a specific
task. Membership on committees may include individuals who are not regular or alternate
Ordn 09-M-45.doc g
members on the Commission. Only a regular member of the Commission may chair a
committee.
(12) Amendments
These bylaws may be amended or changed by the City Council or by a majority vote of
the Commission and approval by the City Council.
~ ~ ~
Ordn 09-M-45.doc 9