Loading...
ORD 1323 12/08/2020 y Or C/& 4 0 V � O TCN �S 'ciwacholce ORINANCE N0: /323 AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS AMENDING THE CITY'S CODE OF ORDINANCES AND AMENDING THE ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING RECOMMENDATIONS TO THE CITY COUNCIL REGARDING A PLAN FOR THE EXPENDITURE OF FUNDS FOR MAJOR CAPITAL IMPROVEMENT AND MAJOR CAPITAL PURCHASES. 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, 204; and WHEREAS,Section 7.10 Capital Program of the Home Rule Charter specifics that a 5-Year Capital Program be updated and be submitted annually with the City budget; and WHEREAS, the City Council feels it is important to receive community input and direction from the community in preparing and updating a plan for major capital expenditures of the City; and WHEREAS, Chapter 395 of the Local Government Code requires the City to appoint a Capital Improvements Advisory Committee to assist the City Council and staff in the development of the City's Capital Improvements Plan. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CIBOLO TEXAS: SECTION 1. Code Amended Part II, Chapter 2, Article IV BOARDS AND COMMISSIONS of the City's Code of Ordinances is amended to read as follows: Division 4. CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Sec. 2-235. CREATION, COMPOSITION,APPOINTMENT OF MEMBERS The City Council of the City of Cibolo hereby creates a Capital Improvements Advisory Committee to be composed of SEVEN (7) members appointed by the City Council of Cibolo, Guadalupe County, Texas. One member of the Planning and Zoning Commission and one member of the Economic Development Corporation will be appointed by council to serve as two of the seven members; One member shall be a resident of the City's extraterritorial jurisdiction. The remaining four(4) members will be appointed by council. Council will appoint members to serve on this committee making sure that the citizen chosen has the special knowledge, skills or information that Council may deem to be beneficial to this Committee. Sec. 2-236. QUALIFICATIONS AND TERMS OF MEMBERS Not less than 40 percent (40%) of the membership of the advisory committee must be representatives of the real estate, development,or building industries who are not employees of officials of the City or any other political subdivision or governmental entity. Members of the committee shall be appointed to serve for a term of three (3)years. A member shall continue to serve until the City Council appoints his/her successor. All vacancies shall be filled by appointment of a majority 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. Sec. 2-237. MEMBERS TO SERVE WITHOUT COMPENDATION Members of the Capital Improvements Advisory Committee shall serve without compensation. Sec. 2-238. ORGANIZATION AND MEETINGS The members of the Capital Improvements Advisory Committee shall select officers at their first scheduled meeting. Meetings shall be held at least monthly and the meeting place shall be at City Hall. All officer terms run one (1)year from the date of selection. The following describes Officers and their duties: Chairman: Shall preside over the meeting. Chairman may vote on all matters before the Committee. Vice Chairman: Shall preside over the meeting in the absence of the Chairman. Secretary: The City Secretary or the Assistant City Secretary will serve as secretary and keep an accurate account and minutes of all meetings. The City Secretary will give the Oath of Office to all members at the first meeting or the first meeting an individual is in attendance for. The City Secretary will work with the Chairman and Planning & Engineering staff to prepare an agenda and will see it posted in accordance with State of Texas Open Meetings requirements. Sec. 2-239. Quorum A majority of the Capital Improvements Advisory Committee members shall constitute a Quorum for the transaction of business. Sec. 2-240. RULES AND PROCEDURES The Capital Improvements Advisory Committee shall follow the rules and procedures adopted by City Council and the City Secretary shall keep a record of their proceedings. Sec. 2-241. ATTENDANCE Members shall not miss more than three(3)consecutive regular and special meetings regardless of cause of absence and regardless of excuse. Failure to comply with these attendance requirements whether excused or not will be considered as resignation by the member. In the event of such termination the Chairperson of the Committee shall immediately notify the City Council who shall then take immediate steps to fill the vacancy. Sec. 2-242. DUTIES The Capital Improvements Advisory Committee shall: (1) advise and assist the political subdivision in adopting land use assumptions; (2) review the capital improvements plan and file written comments; (3) monitor and evaluate implementation of the capital improvements plan; (4)file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5) advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. (6) Act in an advisory capacity to the City Council in all matters pertaining to the plan for establishing and implementing a 5-Year Capital Improvements Program. (7) Provide a recommendation in the form of a written report for a 5-Year Capital Improvement Program that provides a prioritized list of projects,cost estimates for each project, recommended funding source(s) for each project, estimated annual operating cost of operating and maintaining each project, and general fiscal guidelines for expenditures on they-Year Capital Improvement Program. Fiscal guidelines shall include, but not limited to,recommendations for maximum tax rates to be established to fund the recommended program and recommendations for the timing of future-bond issues. Sec. 2-243. EXPEDITURES AND OBLIGATIONS Whenever it is deemed necessary by the Capital Improvements Advisory Committee to incur any expenses in performing the duties assigned to it, an estimate of such proposed expense shall be submitted to the City Council. No debts of any kind or character shall be made or incurred by the Capital Improvements Advisory Committee or anyone acting for, unless such expenditures have been specifically authorized by the City Council prior to the time such obligations are incurred. Sec. 2-244 to 2-250. RESERVED. SECTION 2. EFFECTIVE DATE This ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo,Texas. SECTION 3. CUMULATIVE 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 4. 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 judgement 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 S. 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 6. REPEALER All ordinances, parts or ordinances or provisions of the City/s Code in conflict with the provisions of this ordinance, specifically Resolution No 1431 and Ordinance No. 1100 are hereby repealed to the extent of any conflict. PASSED AND APPROVED THIS gTH DAY OF DECEMBER 2020. Stosh Boyle Mayor ATTEST: r�yy Peggy Cimics,TRMC City Secretary