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2009S48-Planning and Zoning Authorizing Alternate Members ORDINANCE NO. 09-5-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING AND RESTATING ORDINANCE NO. 87-S-9, AS AMENDED, REGARDING THE PLANNING AND ZONING COMMISSION, INCLUDING THE ADDITION OF ALTERNATE MEMBERS ON SUCH COMMISSION, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Ordinance No. 87-5-9, as amended by Ordinance Nos. 91-5-7 and 91-5-18, relates to the Planning and Zoning Commission and is hereby amended and restated as follows to provide for two (2) alternate members of the Commission and to make conforming changes related thereto: "TABLE OF CONTENTS SECTION I CREATION AND PURPOSE SECTION II MEMBERSHIP AND APPOINTMENT SECTION III TERMS OF OFFICE AND REMOVAL FROM OFFICE AND REPLACEMENTS SECTION IV ORGANIZATION SECTION V DUTIES AND POWERS SECTION VI COMMISSION ACTIONS SECTION VII DISQUALIFICATION FROM VOTING SECTION I -CREATION AND PURPOSE A Planning and Zoning Commission (the "Commission") is hereby created in order to accomplish the following: 1. to identify community needs and to advise the City Council of their short-range and long-range implications for the total development of the City; 2. to recommend achievable community goals as a basis for long- range planning and development programs; Ordn 09-5-48.doc 1 3. to recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and 4. to interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies. SECTION II -MEMBERSHIP AND APPOINTMENT 1. The Commission shall be composed of seven (7) regular members. Appointment of regular members will be for two (2) year periods. The City Council will appoint to the Commission only those persons who have demonstrated their civic interest, general knowledge of the community, interest in planning and zoning, and availability to prepare for and attend meetings. 2. The regular members of the Commission shall be registered voters residing within the corporate limits of the City and shall be representative of separate sections of the City dependent upon the availability of qualified applicants. 3. 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 and registered voters 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. 4. 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 09-5-48.doc 2 SECTION III -TERMS OF OFFICE, REMOVAL FROM OFFICE AND REPLACEMENTS 1. The terms of three (3) of the regular members of the Commission will expire on October first of each odd-numbered year and the terms of four (4) of the regular members shall expire on October first of each even-numbered year. Commission members may be appointed to succeed themselves, but no member shall be appointed for a term in excess of two (2) years. Newly appointed members will be installed at the first regular Commission meeting after their appointments. 2. The City Council may remove regular members or alternate members of the 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. 3. 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. SECTION IV -ORGANIZATION 1. The Commission shall hold an organizational meeting in October every two (2) years and shall elect a Chairman and Vice-Chairman from among its regular 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 applicable State statutes. The Commission shall meet regularly and shall designate the time and place of its meetings. 2. The City shall provide staff support to the Commission through the City Manager in coordination with the director of development services, the director of public works, the city engineer, the director of parks, recreation, and community service, and a City Ordn 09-5-48.doc 3 Council liaison, each of whom shall serve as ad hoc members of the Commission. 3. Funding for Commission activities shall be provided by the City as aline item in the City budget. 4. 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. Four members of the Commission shall constitute a quorum, which shall be required for the Commission to conduct business. The vote of four (4) 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. 5. 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. 6. The Chairman 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. SECTION V -DUTIES AND POWERS The Commission is hereby charged with the duty and invested with the authority to: 1. inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State and of the City; 2. formulate and recommend to the City Council for its adoption of a City Plan (the "Plan") for the orderly growth and development of the City and its environs, and from time to time recommend such changes in the Plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City; Ordn 09-S-48.doc 4 3. formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City council relating to the creation, amendment, and implementation of zoning regulations and districts as provided by State law authorizing cities to adopt regulations; all powers granted under such laws are specifically adopted and made apart hereof; 4. exercise all the powers of a planning and zoning commission as to approval or disapproval of plans, plats or replats as provided by State law; 5. study and recommend on the location, extension, and planning of public rights-of--way, parks or other public places, and on the vacation or closing of same; 6. study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances, and study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the City; 7. initiate, in the name of the City, for consideration at public hearings all proposals: a. for the opening, vacating or closing ofpublicrights-of--way, parks or other public places; b. for the original zoning of annexed areas; and c. for the change of zoning district boundaries on an area- wide basis, provided that no fee shall be required for the filing of any such proposal in the name of the City; 8. formulate and recommend to the City Council for its adoption, policies and regulations consistent with the adopted Plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the City; and 9. keep itself informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the City. SECTION VI -COMMISSION ACTIONS 1. A motion may be made by any regular member or alternate member duly sitting in place of a regular member other than the presiding officer. Ordn 09-S-48.doc 5 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 regular members or alternate members duly sitting in place of regular members present. When fewer than seven (7) members (including regular members or alternate members duly sitting in place of regular 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 such 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 the 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 the rule. 3. Recommendations forwarded to the City Council shall contain all reasons and causes for action taken by the Planning and Zoning Commission 4. The Chairperson is a voting member and will vote on each motion presented. SECTION VII -DISQUALIFICATION FROM VOTING A member shall disqualify himself from voting whenever he finds the following conditions to exist: 1. a personal or monetary interest in the property under appeal; 2. he will be directly affected (other than as a member of the general public) by the decision of the Commission; and 3. whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other that in a public meeting of the Commission." II. The City Attorney is hereby directed to revise the Commission's Rules of Procedure to conform to the provisions of Part I of this Ordinance. 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. Ordn 09-5-48.doc 6 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 1 St'' day of December, 2009. PASSED, APPROVED AND ADOPTED this the 5th y of January, 2010. Mayor, City of Schertz, Texas ATTEST: \ City Secretary, City of Schertz (Seal of City) Ordn 09-5-48.doc