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ORD 679 06/14/2005 ORDINANCE NO. 6 7 9 AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, CREATING A BLUE RIBBON COMMITTEE; PROVIDING FOR INCORPORATION; 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, 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 Blue Ribbon Committee to help guide the City in developing plans and strategies for the revitalization of the historic downtown area 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... SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. 1 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. BLUE RIBBON COMMITTTEE CREATED SUBSECTION 3.1 CREATION, COMPOSITION APPOINTMENT OF MEMBERS There is hereby created a Blue Ribbon Committee to be composed of a minimum of FIFTEEN (15) regular members appointed by the City Council of Cibolo, Guadalupe County, Texas. Said Blue Ribbon Committee is a special committee charged with the sole purpose of creating a vision for the historic downtown area and forwarding recommendations to the Planning and Zoning Commission. Once the Committee has forwarded its fmal recommendation(s), it shall be considered inactive. SUBSECTION 3.2 QUALIFICATIONS AND TERMS OF MEMBERS Regular members of the Blue Ribbon Committee shall be comprised of the following: • two (2)individuals who own commercial property in the historic downtown area; • two (2)property owners who reside in the historic downtown area; • five (5) general residents of the City of Cibolo who do not reside in the historic downtown area; • three(3) individuals who operate businesses in the historic downtown area; • one(1) duly elected member of the City Council; • one(1)duly appointed member of the Planning and Zoning Commission; and • one(1)member of the City staff of the City of Cibolo. Regular members shall be appointed to serve for the duration of the Committee. SECTION 3.3 MEMBERS TO SERVE WITHOUT COMPENSATION Members of the Blue Ribbon Committee shall serve without compensation. SECTION 3.4 ORGANIZATION AND MEETINGS The members of the Blue Ribbon Committee 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. The following describes Officers and their duties: 2 Chairman: Shall preside over the affairs while the Committee is in session. The Chairman may vote on all matters before the Committee but may not originate any motion. Vice-Chairman: Shall preside in the absence of the Chairman Secretary: Shall keep an accurate account and record of all meetings, both regularly scheduled and special. The Secretary shall work with the administrative staff of the City of Cibolo to prepare a regular agenda and see that it is posted in accordance with State of Texas Opens Meetings requirements. SECTION 3.5 QUORUM A majority of the Blue Ribbon Committee members, six (6), shall constitute a Quorum for the transaction of business. SECTION 3.6 RULES AND PROCEDURES;RECORD OF PROCEEDINGS The Blue Ribbon Committee shall adopt its own rules and procedures and keep a record of its proceedings. SECTION 3.7 ATTENDANCE Members with four (4) consecutive absences, whether excused or unexcused, within a twelve(12)month period shall be considered to have resigned from the Committee. SECTION 3.8 GENERAL POWERS AND DUTIES The Blue Ribbon Committee shall have power to: (1) Develop a vision document for the historic downtown area of the City of Cibolo and forward that vision in the form of a recommendation to the Planning and Zoning Commission for consideration and the Commission's recommendation to the City Council. (2) Act in an advisory capacity to the Planning and Zoning Commission regarding implementation strategies to realize the adopted vision for the historic downtown area. (3) Conduct public hearings to gather input regarding development concepts and implementation strategies for the historic downtown area. 3 (4) Represent the vision concepts and implementation strategies forwarded by the Committee before the Planning and Zoning Commission, City Council, and general public. SECTION 3.9 EXPENDITURES AND OBLIGATIONS Whenever it is deemed necessary by the Blue Ribbon Committee to incur any expenses in performing the duties assigned to it, an estimate of such proposed expenses shall be submitted to the Mayor. No debts of any kind or character shall be made or incurred by the Committee or any one acting for it, unless such expenditures have been specifically authorized by the Mayor prior to the time such obligations are incurred. SECTION 3.10 NOTIFICATION OF ACTIONS The Chairman of the Committee 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 Committee. The Chairman of the Committee 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. 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 the historic downtown, which 4 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 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. Von PASSED AND APPROVED by a vote of for to 0 against this,;,, day of.2120,5 2005. APPROVED: / /? /i 'a .rJos •• -on r. ATTEST: , vl nne Griffin, City eel.:t.i 5