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ORD 909 08/11/2009 ORDINANCE NO. 9°9 AN ORDINANCE AMENDING THE CITY OF CIBOLO'S CODE OF ORDINANCES CHAPTER 2, ARTICLE IV BOARDS AND COMMISSIONS PROVIDING FOR THE PARKS AND RECREATION COMMISSION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City of Cibolo is a home rule municipality given broad discretionary powers under the Texas Constitution to regulate for the public health, safety and general welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo finds that parks and recreational areas are a vital and integral part of a municipalities health and general welfare; and WHEREAS, the City Council of the City of Cibolo finds that providing its citizens parks and recreational areas serves a legitimate public goal; and WHEREAS, The City of Cibolo is experiencing a high rate of urban growth and its population is projected to approximately double by the year 2020; and WHEREAS, the City Council of the City of Cibolo has previously adopted a Parks, Recreation regulating the use of its Parks; and WHEREAS, said ordinance included the creation of a Parks and Recreation Commission; and WHEREAS, portions of said ordinance were not codified; and WHEREAS, the City Council of the City of Cibolo hereby finds and determines that certain amendments should be made to the organization and structure of the Parks and Recreation Commission; and WHEREAS, the City Council of the City of Cibolo hereby finds and determines that this ordinance should be codified; and WHEREAS, City of Cibolo Parks City Staff has reviewed and recommended this proposed ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: I. Chapter 2, Article IV of the City Code of Ordinances for the City of Cibolo, Texas, hereby is amended to read as follows: ARTICLE IV Division 1 PARKS AND RECREATION COMMISSION SECTION 2-190 Creation; composition; appointment of members. There is hereby created a City Parks and Recreation Commission for the City of Cibolo, to be composed of SEVEN (7) members appointed by the City Council of the City of Cibolo. SECTION 2-191 Purpose. The purpose of the Parks and Recreation Commission shall be to recommend to the City Council the establishment of a systemized program of parks, recreation, and playgrounds, to be made available to residents and visitors of the City. The Commission shall advise City Council on matters pertaining to parks and recreation facilities including neighborhood,regional parks, and greenbelts. SECTION 2-192 Qualifications and terms of members. The members of the Parks and Recreation Commission shall be qualified voters of the City of Cibolo and shall be appointed to serve for a term of two (2) years. The term of office shall begin on October 1, of the year of appointment, except for the filling of vacancies and unexpired terms. All vacancies shall be filled by appointment of a majority vote of City Council and such appointments shall be for the remainder of the unexpired term. The Commission shall be appointed on a `place' system, with each place being numbered 1-7. The terms shall be staggered as follows: Places 1-2-3 term will expire in odd-numbered years Places 4-5-6-7 term will expire in even-numbered years Members shall not serve more than two (2) complete successive terms. SECTION 2-193 Members to serve without compensation. Members of the Parks and Recreation Commission shall serve without compensation. SECTION 2-194 Organization; meetings; officers. The members of the Parks and Recreation Commission shall organize and select their Officers, shall hold regular monthly meetings monthly, and shall designate the time and place of such meetings. The preferred meeting place shall be at the City Hall or one of the City Parks. Officers shall hold office for one (1) calendar year and may be re-elected except at the end of their place term. All officer terms run from October 1 to September 30. Elections shall be held at the regularly scheduled monthly meeting each October. The following describes the Officers and their duties: Chairman: (1) Shall preside over all Commission meetings. (2) Shall represent the Commission to the City Council. (3) Shall represent the Commission at dedication and official functions. (4) Shall work with the City Manager and staff to prepare a regular agenda. (5) Shall perform other duties customary to the office Vice-Chairman: (1) Shall preside in the absence of the Chairman. Secretary: (1) Shall keep an accurate account and record of all meetings,both regularly scheduled and special and insure that a copy of the signed minutes are given to the City Secretary. SECTION 2-195 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 2-196 Attendance. Members must attend at least fifty(75%) percent of all regular meetings during each twelve (12) months of their tenure. The twelve (12) month periods shall be from October 1 through September 30 of each year. Failure to comply with attendance requirements without explanation acceptable to a majority of the remaining Commission Members shall be considered as an automatic resignation from the commission. In the event of such automatic resignation, the Chairman shall immediately notify City Council who shall then take steps to fill the vacancy. SECTION 2-197 General Responsibilities and Duties. The Parks and Recreation Commission shall have the following responsibilities and duties: (1) Act in an advisory capacity in all matters pertaining to public parks and recreation. (2) Assist in the planning of parks and recreation programs, promote and stimulate public interest therein and, solicit to the fullest possible extent the cooperation of the school authorities and other public and private agencies. (3) Advise on special requests for special use of any of the public parks or playground facility. (4) Assist in the development of the Parks and Recreation Programs and supporting organizations. (5) New members of the Commission shall receive,upon appointment, at a minimum: (a) Parks and Recreation Policy; (b) Master Plan for Parks and Recreations; (c) Parks and Recreation Capital Improvements Plan (CEP); (d) This Ordinance; (e) Copy of the Texas Open Meetings Act. (6) Commission members must complete Texas Open Meetings Training within 6 weeks of appointment. SECTION 2-198 Expenditures and obligations. Whenever it is deemed necessary by the Parks and Recreation 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. Effective Date This Ordinance shall become effective upon passage and publication in a newspaper of general circulation for two consecutive weeks nnifer, .. man, Mayor City of Cibolo, Texas ATTEST: fe_9.947 Peggy Cimics City Secretary City of Cibolo, Texas APPROVED AS TO FORM: Office of the City Attorney