ORD 978 07/26/2011 O
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"City of Choice"
ORDINANCE NO. 9 7 g
AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE
COUNTY, TEXAS, CREATING A UNIFIED DEVELOPMENT
CODE COMMITTEE; 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 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, 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 Unified
Development Code Committee to assist in the establishment of City Development and
Construction Standards and to prioritize the needs of the City; and
WHEREAS, the goal of the Committee will be to strike a balance between the needs of
the public and development community to ensure that Cibolo is competitive with other
jurisdictions in Texas in terms providing high standard infrastructure that is still
development friendly.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO, GUADALUPE COUNTY,TEXAS:
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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.
UNIFIED DEVELOPMENT CODE
COMMITTEE CREATED
SUBSECTION 3.1 CREATION AND COMPOSITION OF COMMITTEE; SUNSET
There is hereby created a Unified Development Code Committee to be composed of
SEVEN (7) regular members comprised of-- two members from the Planning & Zoning
Commission, two members from the Zoning Board of Adjustment, one member from the
Street & Drainage Committee, one member from the Water Advisory Board and one
member who shall be either a citizen of the City of Cibolo or reside within the City's
extraterritorial jurisdiction.
Two (2) duly elected City Council members shall be appointed to serve as ad hoc
members. Said ad hoc members, may participate in the discussions of the Unified
Development Code Committee but shall not vote.
The Unified Development Code Committee shall be in existence for a period of one (1)
year beginning in August 01, 2011 and ending July 31, 2012.
SUBSECTION 3.2 QUALIFICATIONS AND TERMS OF MEMBERS
Regular members and alternate members of the Uniform Development Committee shall
be residents of the City of Cibolo, registered voters and to the extent reasonable be
engineers, architects and similar land development specialists and shall be appointed to
serve for term of one(1) year.
SECTION 3.3 MEMBERS TO SERVE WITHOUT COMPENSATION
Members of the Uniform Development Code Committee shall serve without
compensation.
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SECTION 3.4 ORGANIZATION AND MEETINGS
The members of the Unified Development Code Committee shall organize and select a
Chairman and Vice Chairman and the City Secretary or her designated representative
shall take all minutes and post agendas as required. The Chairman shall hold meetings
regularly at least once each month and shall designate the time and place of such meeting.
The preferred meeting place shall be at the City Hall.
The following describes Officers and the City Secretary duties:
Chairman: Shall preside over the affairs while the Unified Development Code
Committee during all its meetings. The Chairman will work with the City Secretary to
prepare the agenda for all meetings.
Vice-Chairman: Shall preside in the absence of the Chairman, but shall not lose capacity
to originate motions when acting in the capacity of the Chairman.
City Secretary or her designated representative: Shall attend all meetings keep an
accurate account and record of all meetings, both regularly scheduled and special. The
City Secretary shall work with the Chairman of the Unified Development Code
Committee to prepare a regular agenda and see that it is posted in accordance with Texas
Opens Meetings Act.
SECTION 3.5 QUORUM
Four (4) members of the Unified Development Code Committee shall constitute a
quorum for the transaction of business.
SECTION 3.6 ATTENDANCE
Members must attend at least fifty (50%) percent of all regular and special meetings
during their tenure regardless of cause of absence and regardless of excuse. Failure to
comply with attendance requirements shall be considered as an automatic resignation
from the Unified Development Code Committee. In the event of such resignation, the
Chairman shall immediately notify the City Council who shall then take immediate steps
to fill the vacancy.
SECTION 3.7 GENERAL DUTIES
The Unified Development Committee shall have the following duties:
(1) Act in an advisory capacity to the City Council on improving the City
Development & Construction Standards.
(2) Act in an advisory capacity to the City Council in setting priorities to ensure
that the most pressing Development needs of the City are addressed first.
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(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.
SECTION 4.
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 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 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 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.
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PASSED AND APPROVED by a vote of -6 for to 0 against this Uth day of 3u1y
2011.
APPROVED:
C- nri
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Jnnifer
an, Mayor
ATTEST:
Peggy Cimics, City Secretary
AS TO FORM:
Charles E. Zech, City Attorney
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