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TSAC Ordn 09-M-45 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, 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 a citizen-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; (4) Develop a transportation safety plan for the City; (5) Review all existing and proposed traffic ordinances; 1 Ordn 09-M-45.doc (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 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 member of the Commission at any time, with or without cause. 2 Ordn 09-M-45.doc (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 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 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. 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. 3 Ordn 09-M-45.doc 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. 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. th APPROVED on first reading the 24day of November, 2009. PASSED, APPROVED AND ADOPTED this the __ day of __________, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) 4 Ordn 09-M-45.doc