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ORD 923 02/23/2010 FC1� / `���Iilppu9unnilp„A „' l ,�P 'n' iryyN//Illilplll ll<<1 reX As "City of Choice" ORDINANCE NO. 9 2 3 AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, CREATING A STREETS AND DRAINAGE COMMISSION; PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING FOR A REPEALER CLAUSE; 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 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, 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 has considered the merits of creating a Streets and Drainage Commission to help guide the City in maintaining the integrity of the City's transportation and drainage systems and that the City Council has determined that this ordinance is necessary to protect the health, safety,morals, and welfare of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, GUADALUPE COUNTY,TEXAS... 1 SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Guadalupe County,Texas. SECTION 3. STREETS AND DRAINAGE COMMISSION CREATED SECTION 3.1 CREATION, COMPOSITION APPOINTMENT OF MEMBERS There is hereby created a Street and Drainage Commission to be composed of at least Seven (7) regular members appointed by the City Council of Cibolo, Guadalupe County, Texas, and ONE (1) duly elected City Council member appointed as an ad hoc member by the City Council of Cibolo, Guadalupe County,Texas. Said City Councilman, as an ad hoc member, shall participate in the discussion of the Committee but shall not vote. SECTION 3.2 QUALIFICATIONS AND TERMS OF MEMBERS Regular members of the Streets and Drainage Committee shall be residents of the City of Cibolo; should have a technical background in the fields of civil engineering, streets and drainage construction or a related field; be registered voters; and shall be appointed to serve for terms of (2) years. A member shall continue to serve until the City Council appoints his/her successor. Four(4) members shall serve terms that expire on the first day of July in even number years. The remaining members shall serve terms that end on the first day of July odd number years. All vacancies shall be filled by appointment of a majority vote 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. SECTION 3.3 MEMBERS TO SERVE WITHOUT COMPENSATION Members of the Streets and Drainage Commission shall serve without compensation. SECTION 3.4 ORGANIZATION AND MEETINGS The members of the Streets and Drainage Commission shall organize and select their officers and shall hold meetings regularly at least once in each quarter and shall designate the time and place of such meeting. The preferred meeting place shall be at the City Hall or some business located within the City's corporate limits. All officers' terms run from July 1 to June 31. Elections shall be held at the regularly scheduled monthly meeting each July. 2 The following describes Officers and their duties: Chairman: Shall preside over the affairs while the Commission is in session. The Chairman may vote on all matters before the Commission but may not originate any motion. Vice-Chairman: Shall preside in the absence of the Chairman Commission Secretary: Shall keep an accurate account and record of all meetings, both regularly scheduled and special. The Secretary shall work with the City Secretary of the City of Cibolo to prepare a regular agenda and see that it is posted in accordance with the State of Texas Opens Meetings requirements. SECTION 3.5 QUORUM A majority of the Streets and Drainage Commission members,Four(4), shall constitute a Quorum for the transaction of business. SECTION 3.6 RULES AND PROCEDURES;RECORD OF PROCEEDINGS The Streets and Drainage Commission shall follow Robert's Rule of Order and keep a record of its proceedings. SECTION 3.7 ATTENDANCE Commission members who is absent from (3) consecutive regular meetings, or twenty-five percent (25%) of regularly scheduled meetings during the twelve-month (12 month) period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, shall forfeit his/her position on the commission. In the event of such termination, the Chairperson of the Commission shall immediately notify the City Council who shall then take immediate steps to fill the vacancy. SECTION 3.8 GENERAL POWERS AND DUTIES The Streets and Drainage Commission shall have power to: (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 improvements 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 streets and drainage projects to be included in the City's 5-Year Capital Improvements Program. (4) Hear petitions from individual citizens,home owners' associations,or other groups regarding streets and drainage issues and forward recommendations to the City Council regarding said petitions. 3 (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 streets and drainage. (6) Act in an advisory capacity to the City Council and Planning and Zoning Commission regarding grants pertaining to streets or drainage. SECTION 3.9 EXPENDITURES AND OBLIGATIONS Whenever it is deemed necessary by the Streets 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 Manager. 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 Manager prior to the time such obligations are incurred. SECTION 3.10 NOTIFICATION OF ACTIONS The Chairman of the Commission shall notify the Mayor in writing of all actions taken at regular and special meetings. This notification should be completed within five (5) days of the actions taken by the Commission and submitted in the next council meeting packet. The Chairman of the Commission may deliver all correspondence to the administrative staff at City Hall and this will serve as notification to satisfy the requirements of this Section. SECTION 4. REPEALER CLAUSE All other ordinances of the City of Cibolo that are in direct conflict with the provisions of this Ordinance shall be hereby repealed and replaced by the provisions of this Ordinance. SECTION 5. SEVERABILITY 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 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 6. 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 streets and drainage,which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending 4 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 fmal disposition by the courts. SECTION 7. EFFECTIVE DATE That this Ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo,Texas. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of for to d against this 15 th day of r6,2010. APPROVED: 4an44ez,thvia,v,_..... nifer H an yor ATTEST: (� / —0-9,g e.Z Peggy Chilies,TRMC City Secretary 5