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ORD 1126 04/14/2015 p � C v 0 • a. e e � v rCX ORDINANCE NO. 1126 AN ORDINANCE AMENDING THE CITY OF CIBOLO'S CODE OF ORDINANCES CHAPTER 2, ARTICLE IV BOARDS AND COMMISSIONS PROVIDING FOR THE STREETS AND DRAINAGE COMMISSION; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Cibolo,Texas,is a Home Rule Municipality located in Guadalupe County, Texas,created in accordance 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 and the City Council of the City of Cibolo, is governed by a Home Rule Charter that was original approved by the Citizens of Cibolo in a duly called election held on September 11,2004 and had its first update to the City Charter approved by the citizens in a duly called election held on November 5,2013; and WHEREAS,Article VIII Boards and Commissions of the City Charter of the City of Cibolo,Guadalupe County,Texas,establishes the authority and procedures for City Council to create,establish or appoint such boards, committees or commissions it deems necessary to carry out the functions and obligations of the City; and WHEREAS,the City Council hereby finds and determines that certain procedural and administrative clarifications are necessary to be provided in the existing regulations; and WHEREAS,the City Council of the City of Cibolo hereby fords and determines that certain amendments should be made to the organization and structure of the Street and Drainage Commission; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: I. Chapter 2, Article IV, Division 3 of the City Code of Ordinances for the City of Cibolo, Texas, hereby is amended by replacing the existing language with the language that follows: 1 ARTICLE IV Division 3 STREET AND DRAINAGE COMMISSION SECTION 2-1 Creation; composition; appointment of members. (a) There is hereby created a City Street and Drainage Commission for the City of Cibolo,to be composed of SEVEN(7)regular members appointed by the City Council of the City of Cibolo. (b) The City Council shall appoint two alternates to ensure that the business of the commission may be carried out in the absence of any member. Alternates may not participate in the discussion or vote unless sitting in place of an absent regular member. SECTION 3-2 Qualifications and terms of members. (a) The members of the Street and Drainage Commission shall be residents and qualified voters of the City of Cibolo; should have a technical background in the fields of civil engineering, street and drainage construction or a related field if at all possible; and shall be appointed to serve for a term of two (2)years. Each term of office 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 applications,interview and select from all applications received. It is not guaranteed that an individual presently serving will be reappointed. (b) There should be seven members on the commission being defined as District#l,District#2, District#3,District#4,District#5,District#6 and District#7. Council should have an individual from each district represented on the Street and Drainage Commission if possible. (c) There shall be two(2)alternate members on the Commission. Alternates should not be from the same district if at all possible. Alternates will only take part in the meeting and sit at the dais and have a right to vote if a regular member is absent. Alternates may be asked by the Chairman to speak and give information to the Commission. Alternates will approach the podium and give the required information. Alternates may not always fill a vacant regular position. If the vacant position is in a district that the alternate is not in you cannot assume you will move to a regular position or if you are from a district already represented on the commission City Council may have to place an individual from the missing district as a regular member. (d) All members of the Commission(regular members and alternate members)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 the two mandatory sessions given on Ethics Training.Failure to comply with the requirements will be cause for dismissal from the commission. (e) Members shall not serve more than three(3)complete consecutive terms. SECTION 3.3 Members to serve without compensation. Members of the Street and Drainage Commission shall serve without compensation. SECTION 3.4 Organization;meetings; officers. (a) The members of the Street and Drainage Commission shall hold a regular meeting monthly on the third Monday of each month unless a lack of agenda items allows for a meeting not to be held. If 2 the third Monday is a holiday the meeting will be held on the fourth Monday of the month. All Meetings will be held at the City Council Chambers at 6:00 p.m. Special meetings may be required at the request of'the chairperson,Mayor and/or City Council. The time and place for a special meeting will be City Hall unless posted otherwise. (b) The commission will conduct its meetings in conformance to rules established by the City Council as authorized by Section 3.12 of the City Chapter. (c) Officers shall hold office for one(1)calendar year and may be re-elected except at the end of their term. All officer terms run from October 1 to September 30.Elections shall be held at the regularly scheduled monthly meeting each October. Alternate members are not eligible to run for chairman or vice chairman. To be eligible for the Chairman and Vice Chairman position a regular member must have completed Open Meeting/Public Information and Ethics Training. The following describes the Officers and their duties: Chairman: (1) Shall preside over all Commission meetings and have the right to vote. (2) Shall represent the Commission to the City Council and Planning&Zoning. (3) Shall work with the City Manager/City Secretary to prepare a regular agenda. (4) Shall perform other duties customary to the office Vice-Chairman: (1) Shall preside in the absence of the Chairman. (d) All meeting 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 of the Texas Open Meetings Act and applicable city ordinances. SECTION 3.5 Quorum. Four(4)Commission members shall constitute a Quorum for the transaction of business. A meeting may be canceled for lack of a quorum after a 15-minute period has elapsed from the scheduled time of the start of the meeting. A meeting may also be canceled in advance if absence notifications received by the City Secretary provide for lack of a quorum. SECTION 3.6 Attendance. (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 writing(e-mail, fax,letter,etc), giving the reason for the absence. The City Secretary shall advise the Presiding Officer prior to the opening 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. This policy is the same for both regular and alternate members. (b) Regular and alternate members serve at the will and pleasure of the City Council and may be removed at any time. 3 SECTION 3.7 General Responsibilities and Duties. The Street and Drainage Commission shall have the following responsibilities and duties: (1) Act in an advisory capacity to the City Council and Planning and Zoning Commission in recommending capital improvements for streets and drainage projects. Said capital improvement projects may include maintenance and/or upgrade to existing infrastructure or new projects. (2) Act in an advisory capacity to the City Council in recommending streets and drainage projects to be funded each fiscal year. (3) Act in an advisory capacity to the City Council and Planning and Zoning Commission regarding the street and drainage projects to be included in the City's 5-Year Capital Improvement Program. (4) Hear petitions from individual citizens,homeowners' associations,or other groups regarding street and drainage issues and forward recommendations to the City Council regarding said petitions. (5) Act in an advisory capacity to the City Council and Planning and Zoning Commission regarding modifications or changes to the City's Technical Design Standards for street and drainage. (6) Act in an advisory capacity to the City Council and Planning and Zoning Commission regarding grants pertaining to streets or drainage. (7) New members of the Commission shall upon appointment: (a) Receive a copy of the Street and Drainage Ordinance. (b) Complete the Open Meeting Act Training with in the first 30 days. (c) Complete the Public Information Training within the first 30 days. (d) Attend Ethics Training in February of each year to remain an active member. SECTION 3.9 Expenditures and obligations. Whenever it is deemed necessary by the Street and Drainage Commission to incur any expenses in performing the duties assigned to it,an estimate of such proposed expenses shall be submitted to the City Council. No debts of any kind or character shall be made or incurred by the Commission or any one acting for it,unless such expenditures have been specifically authorized by the City Council prior to the time such obligations are incurred. II. Severability If any section,subsection, sentence,clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and 4 III. 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 Effective Date This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED ON THIS THE 14TH DAY OF APRIL 2015. Lisa M.Jackson Mayor City of Cibolo,Texas ATTEST: Peggy Cimics,TRMC City Secretary City of Cibolo,Texas 5