In addition to the boards and commissions established by this
charter, the city council by ordinance may establish any boards and
commissions it deems necessary for the conduct of city business and
the management of municipal affairs. The functions, authority, and
responsibilities of such boards and commissions shall be set out in
the ordinances establishing them. All boards and commissions in existence
at the time this charter is adopted shall continue according to the
ordinances or other acts under which they were created, except as
otherwise provided in this charter, until the city council abolishes,
modifies, or alters the ordinances or acts under which they exist.
Notwithstanding any other provision of this charter, the city council
retains full authority over the budget, appropriation of funds, expenditures,
purchase and sale of property, and accounting procedures for all boards
and commission, consistent with this charter and the State constitution
and laws.
Except as otherwise provided in this charter, each candidate
for appointment as a member of a board or commission shall be a registered
voter of the city who has resided within the corporate city limits,
or within territory annexed prior to the appointment, for at least
twelve months preceding the appointment. Board or commission members
shall serve without compensation and shall not be employed by or hold
any other position in city government. In addition to any other requirements
prescribed by the council, members shall maintain the qualifications
established by this section while in office.
No member of a board or commission shall remain in their position
after being elected or appointed to city office. No councilmember
or city employee shall serve as a voting member or as an officer of
any Board or Commission created by this Charter or city ordinance.
(November 2, 2021, measure E,
G)
Members of a board or commission shall be limited to three consecutive
full terms in office. A person who has served three consecutive full
terms as a board or commission member may not again hold the same
office until at least one term out of office has passed.
Board or commission members shall actively participate in the
commission’s activities, and any member who is absent for three
consecutive meetings without valid excuse, as determined by the board
or commission, shall automatically be dismissed from membership. The
membership shall at once notify the council that a vacancy exists.
Any vacancy on the board or commission, for any reason, shall be filled
for the unexpired term by council appointment within thirty days of
the vacancy.
Each board or commission must annually elect a chairman and
a vice-chairman and may elect a secretary.
The City of Pflugerville shall conduct all its meetings in accordance
with the Texas Open Meetings Act.
(a)
Composition and term:
The city council shall appoint
a planning and zoning commission of seven members who shall be appointed
to two-year terms and shall serve until their successors are appointed
and qualified.
(b)
Rules of procedure:
The commission shall establish its
own rules of procedure, which shall require that a quorum consists
of at least four members of the commission and that an affirmative
vote of a majority of those present shall be necessary to act on pending
questions. The chairman shall be permitted to vote on any question.
(c)
Powers and duties:
The commission shall exercise the
following powers:
1.
Make,
amend, extend, and add to the comprehensive plan for the physical
development of the city and recommend the comprehensive plan to the
city council for approval.
2.
Make
recommendations to the city council regarding zoning proposals.
3.
Approve
or disapprove plats of proposed subdivisions submitted to the city.
In considering plats, the commission shall require the proposed subdivision
to meet, so far as is practicable, all the standards of layout and
street and sidewalk construction applicable to comparable property
within the city’s corporate limits. Further, it shall require
restriction on the use of the property consistent with the restrictions
on comparable property within the city’s corporate limits.
4.
Draft
rules and regulations governing platting and subdividing of land that
are consistent with the state constitution and laws and recommend
them to the city council for adoption.
5.
Annually
recommend an annexation plan to the city council.
6.
Annually
submit a five-year capital improvements plan regarding parks, transportation
and utilities to the city council, at least one hundred twenty days
before the beginning of the budget year. The plan must list projects
in order of preference with a recommendation for the year of construction
for each project.
7.
Perform
other duties and be vested with other powers as the city council shall
from time to time prescribe.
(d)
Liaison with city council:
The city manager or their
representative shall attend planning and zoning commission meetings
and shall serve as liaison between the commission and the city council.
(November 2, 2021, measure E)
(a)
Composition and term:
The city council shall appoint
a board of adjustment consisting of five regular members and two alternate
members to serve two-year terms. Alternate members may participate
in meetings and vote on matters in the absence of regular members
when requested to do so by the city manager. The city council may
remove a member for cause set out in a written charge and as determined
by the council after a public hearing on the charges[.]
(b)
Rules of procedure:
The presiding officer shall call
meetings at least quarterly and may administer oaths to witnesses
and compel attendance of witnesses. Cases shall be heard in open meeting
by at least four members and not more than five members. The minutes
of meetings shall be public records of the board’s examinations,
official actions, and other proceedings and shall reflect each member’s
vote, absence, or failure to vote on each question.
(c)
Powers:
The board of adjustment shall exercise the following
authority:
1.
Hear
and decide an appeal that alleges error in an order, requirement,
decision, or determination made by an administrative official in enforcing
zoning laws or ordinances.
2.
Hear
and decide special exceptions to terms of zoning ordinances when the
ordinance so requires, provided that exceptions granted shall be consistent
with the general purpose and intent of the ordinance and in accordance
with any applicable rules contained in the ordinance.
3.
In
specific cases, authorize a variance from the terms of a zoning ordinance,
provided that the variance is not contrary to the public interest
and that, due to special conditions, literal enforcement of the ordinance
would result in unnecessary hardship. In authorizing variances, the
board shall ensure that the spirit of the ordinance is observed and
substantial justice is done.
4.
Hear
and decide other matters authorized by city zoning ordinances.
(d)
Appeals procedure:
Appeals to the board of adjustment
shall be conducted in accordance with the requirements of § 211.010,
Local Government Code.
(e)
Board determination:
The board may reverse or affirm, wholly or in part, or may modify the order or decision that is the subject of an appeal under subsection (c)(1). The concurring vote of at least four members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter which the board is required to pass under the zoning ordinance; or authorize a variation from the term of the zoning ordinance.
(f)
Judicial review:
Any person dissatisfied with the board
of adjustment’s decision on an appeal may petition a court of
record for further action in accordance with the requirements of §
211.011, Local Government Code.
(a)
Composition and term:
The city council shall appoint
a parks and recreation advisory board consisting of seven members
as needed to facilitate specific parks development projects or activities.
The length of term in which members serve will be determined on the
time necessary to complete the specific project and will not be continuous.
Should city council consist of five city council members and the mayor
then each councilmember will be responsible for appointing one member
and the mayor shall appoint two members to the board. Should city
council consist of six city council members and the mayor, then each
council member and the mayor shall be responsible for appointing one
member.
(a)
Composition and term:
The city council shall appoint
a library board consisting of seven regular members, to serve two-year
terms, and one alternate member, to serve a one-year term. The alternate
member may vote if a regular member is absent. Liaisons to the board
will include the President of the Friends of the Pflugerville Community
Library, the Director of the Library and a student from a high school
in the Pflugerville Independent School District. Liaisons may advise
the board but may not vote on any matter.
(b)
Rules of procedure:
The commission shall establish rules
of procedure consistent with city ordinances, resolutions, and regulations.
The commission shall meet at least monthly, and absence from three
consecutive meetings without valid excuse, as determined by the commission,
shall result in automatic removal from office.
(c)
Powers and duties:
The commission shall exercise the
following powers:
1.
By
January 31st of each year, review, update and submit a five-year comprehensive
library plan to the city council and city manager. The plan must list
projects in order of preference with a recommendation for the year
of construction for each project.
2.
Make
recommendations periodically to the city council and city manager
concerning matters of library procedure and policy.
3.
Make
recommendations to the city council and city manager concerning promotion
of the library’s programs and services in the greater Pflugerville
community.
4.
Make
recommendations to the city council and city manager concerning grants
and fund-raising activities.
5.
Any
other matters designated by city ordinance.
