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ORDINANCE NO. 971
AN ORDINANCE AMENDING ORDINANCE NO. 934, 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 THREE (3) ALTERNATE MEMBERS 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 three
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 when
requested to do so by the City Manager or his/her designee; 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:
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SECTION 1.
Amendment
The City of Cibolo Code of Ordinances, Appendix A, Chapter 2, Section 2.1 is hereby amended as
follows:
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 and secretary shall be elected annually
among the Commission members. In the absence of both the chairperson and
vice-chairperson, the Commission shall appoint an acting chairperson.
C. There shall be seven places on the commission being defined as Place #1,
Place#2, Place#3, Place#4, Place#5, Place#6, and Place#7.
D. There shall be three (3) alternate member places on the Commission.
2.1.2. Length of appointment.
The regular members and alternates of the Commission shall serve a two-year
term. Each term shall expire on the first day of July. A member shall continue to
serve until the Mayor appoints his/her successor with approval by the City
Council. Four members shall serve terms that end on the first day of July, 2005,
and whose term shall thereafter expire every two years during odd numbered
years. Three members shall serve terms that end on the first day of July, 2004,
and whose terms shall thereafter expire every two years during even-numbered
years.
2.1.3. Term limits.
No Commission member may serve more than four 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. The Council, if interim vacancies occur,
shall appoint a successor for the remainder of the unexpired term.
2.1.5. Circumstances for cause of dismissal from the commission.
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A. Members must attend at least 50 percent of all regular and special meetings
during each six months of their tenure regardless of cause of absence and
regardless of excuse. The six-month period shall be from January 1 through
June 30, and from July 1, through December 31, of each year. Failure to
comply with attendance requirements will be considered as resignation from
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.
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, at the
request of the City Manager, or his/her designee.
2.1.7. Parliamentary procedure; meetings open to public.
A. The Commission will conduct its meetings in conformance to "Robert's
Rules of Order," latest revision, which shall be the commission's final
authority on all questions of procedure and parliamentary law.
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B. A quorum shall consist of a majority of the entire membership of the
Commission and any issue to be voted on shall be resolved by a majority of
those present.
C. The Chairperson shall only be entitled to vote in cases where a vote by the
Commission members results in a tie. The vote of the Chairman shall then
determine the outcome of the issue.
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 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. Review and recommend to the City Council, for its action, proposed
subdivision plats to guide the development of new residential subdivisions in
accordance with the city's ordinances.
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.
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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
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 the26th day of April, 2011
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Jennife artman
Mayor
Attest:
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Peggy Cimics
City Secretary
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