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ORDINANCE NO. 1100
AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE
COUNTY, TEXAS REPEALING RESOLUTION 1431 AND
AMENDING THE CITY'S CODE OF ORDINANCES TO CREATE
A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FOR
THE PURPOSE OF PROVIDING RECOMMENDATIONS TO THE
CITY COUNCIL REGARDING A PLAN FOR THE
EXPENDITURE OF FUNDS FOR MAJOR CAPITAL
IMPROVEMENTS AND MAJOR CAPITAL PURCHASES.
WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in
Guadalupe County, Texas, created in accordance with provisions of the Texas Local
Government Code and operating pursuant to its adopted City Charter and all applicable
laws and enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 2004;
and
WHEREAS, Section 7.10 Capital Program of the Home Rule Charter specifics that a 5-
Year Capital Program be updated and be submitted annually with the City budget; and
WHEREAS, the City Council feels it is important to receive community input and
direction from the community in preparing and updating a plan for major capital
expenditures of the City.
WHEREAS, Chapter 395 of the Local Government Code requires the City to appoint a
capital improvements advisory committee to assist the City Council and staff in the
development of the City's Capital Improvements Plan.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CIBOLO,
TEXAS:
SECTION 1.
Code Amended
Part II, Chapter 2,Article IV BOARDS AND COMMISSIONS of the City's Code of
Ordinances is amended to read as follows:
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Division 4. CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
Sec. 2-315. CREATION, COMPOSITION, APPOINTMENT OF MEMBERS
The City Council of the City of Cibolo hereby creates a Capital Improvements Advisory
Committee to be composed of twelve (12) members appointed by the City Council of
Cibolo, Guadalupe County, Texas. One member of the Planning & Zoning Commission,
Parks Commission, Street & Drainage Commission and Economic Development
Corporation will be appointed by council to serve as four of the twelve members. One
member shall be a resident of the City's extraterritorial jurisdiction. The remaining seven
(7) members will be appointed by council. Each council member will appoint one
member from their district to serve on this committee making sure that the citizen chosen
has the special knowledge, skills or information that Council may deem to be beneficial
to this Committee.
2-316. QUALIFICATIONS AND TERMS OF MEMBERS
Not less than 40 percent of the membership of the advisory committee must be
representatives of the real estate, development, or building industries who are not
employees of officials of the City or any other political subdivision or governmental
entity.
Members of the Committee shall be appointed to serve for terms of(2) years. A member
shall continue to serve until the City Council appoints his/her successor. Six (6)
members shall serve terms that expire on the first day of May 2015 and whose terms shall
thereafter expire every two (2) years during odd number years. Six (6) members shall
serve terms that expire on the first day of May 2016 and whose terms shall thereafter
expire every two (2) years during even number years. All vacancies shall be filled by
appointment of a majority of the City Council and such appointments shall be for the
remainder of the unexpired term. Members shall be limited to appointment for not more
than two (2) complete successive terms, and are eligible for re-appointment.
2-317. MEMBERS TO SERVE WITHOUT COMPENSATION
Members of the Capital Improvements Advisory Committee shall serve without
compensation.
2-318. ORGANIZATION AND MEETINGS
The members of the Capital Improvements Advisory Committee shall select officers at
their first scheduled meeting. Meetings shall be held at least monthly and the preferred
meeting place shall be at City Hall. All officer' terms run (1) year from the date of
selection.
The following describes Officers and their duties:
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Chairman: Shall preside over the meeting. Chairman may vote on all matters before the
Committee.
Vice Chairman: Shall preside over the meeting in the absence of the Chairman.
Secretary: The City Secretary or her designated representative will serve as secretary and
keep an accurate account and minutes of all meetings. City Secretary will work with the
Chairman to prepare an agenda and will see it is posted in accordance with State of Texas
Open Meetings requirements.
2-318. QUORUM
A majority of the Capital Improvements Advisory Committee Members shall constitute a
Quorum for the transaction of business.
2-319. RULES AND PROCEDURES
The Capital Improvements Advisory Committee shall follow the rules and procedures
adopted by City Council and the City Secretary shall keep a record of their proceedings.
2-320. ATTENDANCE
Members shall not miss more than three (3) consecutive regular and special meetings
regardless of cause of absence and regardless of excuse. Failure to comply with these
attendance requirements whether excused or not will be considered as resignation by the
member. In the event of such termination the Chairperson of the Committee shall
immediately notify the City Council who shall then take immediate steps to fill the
vacancy.
2-321. DUTIES
The Capital Improvements Advisory Committee shall:
(1) advise and assist the political subdivision in adopting land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semiannual reports with respect to the progress of the capital
improvements plan and report to the political subdivision any perceived inequities
in implementing the plan or imposing the impact fee; and
(5) advise the political subdivision of the need to update or revise the land use
assumptions, capital improvements plan, and impact fee.
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(6) Act in an advisory capacity to the City Council in all matters pertaining to the
plan for establishing and implementing a 5-Year Capital Improvements Program.
(7) Provide a recommendation in the form of a written report for a 5-Year Capital
Improvement Program that provides a prioritized list of projects, cost estimates
for each project, recommended funding source(s) for each project, estimated
annual operating cost of operating and maintaining each project, and general
fiscal guidelines for expenditures on the 5-Year Capital Improvement Program.
Fiscal guidelines shall include, but not limited to, recommendations for maximum
tax rates to be established to fund the recommended program and
recommendations for the timing of future-bond issues.
(8) Review the 5-Year Capital Improvements Program annually and make
recommendations for no changes, minor changes or the initiation of a major
review of the program.
2-322. EXPEDITURES AND OBLIGATIONS
Whenever it is deemed necessary by the Capital Improvements Advisory Committee to
incur any expenses in performing the duties assigned to it, an estimate of such proposed
expense shall be submitted to the City Manager. No debts of any kind or character shall
be made or incurred by the Capital Improvements Advisory Committee or any one acting
for, unless such expenditures have been specifically authorized by the City Manager prior
to the'time such obligations are incurred.
2-323-2-400. Reserved.
SECTION 2.
EFFECTIVE DATE
This ordinance shall be effective immediately upon the passage and approval of the City
Council of the City of Cibolo, Texas.
SECTION 3.
CUMULATIVE
CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo,
Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the more restrictive provision shall
apply.
SECTION 4.
SEVERABILIY
That it is hereby declared to be the intention of the City Council of the City of Cibolo
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
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severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
should be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since
the same would have been enacted by the City Council without incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION
5.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and
all violations of the provisions of any Ordinances affecting City Development and
Construction Standards, which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 6.
REPEALER
All ordinances,parts or ordinances or provisions of the City's Code in conflict with the
provisions of this ordinance, specifically Resolution No. 1431, are hereby repealed to the
extent of any conflict.
PASSED AND APPROVED by a vote of 7 for to against this 12th day of Alor-4
2014.
APPROVED:
Lisa M. Jacks ,Mayor
ATTEST:
Peggy Cimics, City Secretary
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