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ORD 1164 05/24/2016 l r_ 0 AV T£ X �5 "City of Choice" ORDINANCE NO. 1 11 1 F,l, AN ORDINANCE AMENDING ORDINANCE NO. 1124, COMMONLY REFERRED TO AS THE "ZONING ORDINANCE", OF THE CITY OF CIBOLO, TEXAS, CODE OF ORDINANCES TO ALLOW THE CITY COUNCIL TO AMEND THE ORDINANCE TO INCLUDE CERTAIN PROCEDURAL AND ADMINISTRATIVE REGULATIONS AND TO APPOINT ONE MEMBER FROM EACH DISTRICT TO THE PLANNING AND ZONING COMMISSION FOR A TERM OF TWO (2) YEARS; PROVIDING FOR SEVERABILITY; AND REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Tex. Local Government Code Chapter 211 authorizes the City of Cibolo to amend the Planning and Zoning Commission's authority and roles as a need exists and considers best for the City of Cibolo; and WHEREAS, Tex. Local Government Code Chapter 211 authorizes the City of Cibolo to amend the Planning and Zoning Commission membership as a need exists and considers best for the City of Cibolo; and WHEREAS, the City Council of the City of Cibolo has determined that a need exists to add two alternate members to the Planning and Zoning Commission to ensure that a quorum of Planning and Zoning Commissioners will be present for all regular and special Commission meetings when regular Planning and Zoning Commissioners are absent; and WHEREAS,the-City Council desires-to appoint alternate members for a term of two (2)years,to serve in the absence of one.(1)or more regular Planning and Zoning Commission members; and WHEREAS, the City Council hereby finds and determines that said appointments are in the best interests of the City of Cibolo; and WHEREAS, the City Council hereby finds and determines that certain other procedural and administrative clarifications are necessary to be provided in the existing regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS,THAT: SECTION 1. Amendment The City of Cibolo Code of Ordinances,Appendix A, Chapter 2, Section 2.1 is hereby amended as follows: Page 1 Sec. 2.1.: Planning and Zoning Commission: 2.1.1. Planning and Zoning Commission created. A. A commission of the City Council of the City of Cibolo, Texas, is hereby created which shall be known as the Cibolo Planning and Zoning Commission. The Commission shall consist of seven members. B. A chairperson, vice-chairperson shall be elected in January of each year from among the Commission members. In the absence of-both the chairperson and vice- chairperson, the. Commission shall appoint an acting chairperson. The individual elected as the-Chairperson and Vice Chairperson must have completed the Open Meetings,Public Information Video and the Ethics Training. C. There shall be seven places on the commission being defined as District#1,District #2, District #3, District #4, District #5, District #6, and District #7. Individuals appointed to a district must have lived in that district at least one year prior to appointment. D. There shall be two (2) alternate member places on the Commission. Alternates should not be from the same district if at all possible. Alternates will only take part in the meeting if a regular member is absent. E. All members of the Commission shall within one month of their appointment complete the Open Meeting and Public Information Video. In February of each year they shall attend one of two mandatory sessions given on Ethics Training. 2.1.2. Length of appointment. The regular members and alternates of the Commission shall serve a two-year term. Each term shall expire two years from the first day of the month they were originally appointed.A member wishing to serve an additional term must re-submit an application. City Council will review application, interview and select from all applications received. It:is not guaranteed that an individual presently serving will be reappointed. 2.1.3. Term limits. No Commission member may serve more than three consecutive terms.After.a two-year absence, a member is eligible for re-appointment. 2.1.4. Vacancies. As the terms of office of said positions terminate, the City Council shall, as soon as possible, or within 60 days after such expirations, appoint members to fill such vacancies for a term of two years. 2.1.5. Circumstances for cause of dismissal from the commission. A. Members that fail to attend three(3)consecutive regular meetings without obtaining an approved absence would be cause for dismissal from the commission. Members shall advise the City Secretary by phone and e-mail, giving the reason for the absence. The City Secretary shall advise the Presiding Officer prior to the opening Page 2 of the meeting of the absence and reason for the absence. The Presiding Officer will announce to the remaining members the absence and reason. The Commission than will vote to either approval or disapprove the absence. Disapproval would make the absence an unexcused absence. Failure to notify the City Secretary of an absence is recorded as an unexcused absence. The minutes will reflect whether the absence was approved or unexcused. B. Regular and alternate members serve at the will and pleasure of the City Council and may be removed at any time. Recommendations for removal of regular or alternate member by the Commission shall be forwarded to the City Council upon the affirmative vote of a majority of the regular members. 2.1.6. Meetings. A. Regular meetings shall be held monthly unless a lack of agenda items allows for a meeting not to be held. The meetings shall be held on the second Wednesday of every month at 6:30 p.m. in the City Council Chambers of City Hall. Special meetings may be required at the request of the chairperson or at the request of Mayor and/or City Council, The time and place of both special and regular meetings are subject to change upon proper notification of all.members of the Commission. B. The city staff shall provide the Planning and Zoning Commission with an informational package containing a copy of the agenda for the impending meeting, a synopsis of each, agenda item, as required, any supporting documents for each agenda item and!a summary indicating compliance .or non-compliance with city ordinances. This 'informational package shall be in the form of a hard copy and transmitted electronically, as required. The hard copy shall be made available at the city hall building on the Friday prior to the impending meeting. If a planning and zoning commission member does not acquire and utilize the hard copy for two consecutive meetings, the hard copy will be discontinued to be provided to that member. C. Alternate members shall serve on the Commission only in the absence of one (1) or more regular Planning and Zoning Commission members. Alternate members Will not sit at the dais and participate in the discussion unless a regular member is absent. 2.1.7. Parliamentary procedure;meetings open to public. A. The Commission will conduct its meetings in conformance to rules established by the City Council as authorized by Section 3..12 of the City Charter. B. A quorum shall consist of a majority of the entire regular members of the Commission and any issue to be voted on shall be resolved by a majority of those present.A quorum for this commission would be four members. C. The Chairperson shall be entitled to vote in all cases voted on by the Commission. D. Meetings shall be open to the public and minutes shall be kept, and shall be treated as a public record. All meetings shall be held in full compliance with the provisions Page 3 of the Texas Open Meetings Act [Tex. Government Code § 551.001 et seq.] and applicable.city ordinances. 2.1.8. Powers and duties of the Commission. A. To formulate a comprehensive plan for the orderly growth and development of the city, and periodically recommend changes to the City Council for its action in updating plans and policies to facilitate the implementation of a comprehensive plan. B. On a continuing basis, review, develop and update the zoning ordinances, annexation plans, capital improvements plans, plans to facilitate the goals of a comprehensive plan and other matters affecting the development of the city and recommend to the City Council, for its action, amendments necessary to adjust to changing conditions. C. Serve as the authority to approve subdivision plats,within the city's corporate limits and extraterritorial jurisdiction, as authorized by TexasLocalGovernment Code Section 212.006 and the Unified Development Code. - D. -Make and recommend to the City Council, for its action, plans for the clearance and rebuilding of depressed districts and blighted areas,which may develop in the city. E. Make and recommend to the. City Council, for its action, highway facilities and proposed extensions thereof. F. Perform other such duties as may be duly delegated to the Planning and Zoning Commission from time to time by the City Council. 2.1.9. Commission to be declared adjunct to the city council. The Cibolo Planning and Zoning Commission is hereby declared to be adjunct to the City Council.All administrative personnel of the city are hereby authorized and directed to cooperate and assist the Commission at all reasonable times. 2.1.10. Compensation of members. Members of the Planning and Zoning Commission shall serve without compensation. However, the city council may authorize the payment of any expense(s) for travel and meetings and similar costs which may be incurred by members in conjunction with the performance of their duties as members of the Planning and Zoning Commission. SECTION 2. Severability If any section, subsection, sentence,clause or phrase of this ordinance is for any reason held to be.invalid, such decision shill not affect the validity of the remaining portions of this ordinance; and Page 4 SECTION 3. Repeal All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same is in conflict with the provisions hereof, and SECTION 4. Effective Date This Ordinance shall be effective upon passage and publication pursuant to state law and the City Charter. PASSED AND APPROVED ON this the 24th day of May, 2016. Allen Dunn Mayor Attest: �sy Peggy Cimics,TRMC City Secretary Page 5