A planning and zoning commission is hereby organized in accordance with V.T.C.A. and Local Government Code, section 211.001 et seq. for the following purposes:
(1) 
To identify community needs and to advise the city council of their short-term and long-term range implications for the orderly development for the city;
(2) 
To recommend achievable community goals as a basis for long-range planning and development programs;
(3) 
To recommend plans, programs and policies that will aid the entire community in achieving its defined goals; and
(4) 
To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies.
(Ordinance 2021-08 adopted 4/13/21)
The planning and zoning commission shall consist of five (5) members. The commission members shall be residents of the city and qualified voters. They shall be appointed by a majority vote of the members of the city council at a regular or special meeting thereof.
(Ordinance 2021-08 adopted 4/13/21)
(a) 
The planning and zoning commission shall select, at its organizational meeting in April of each year, from its members a chair, vice-chair and secretary, and establish the dates, time and place of its regular meetings. The commission may adopt, subject to the approval of the city council, such rules and regulations for the government of its proceedings as it may deem proper.
(b) 
In the absence of the chair and the vice-chair, any member may be deemed the presiding officer by a quorum of the board present at the meeting.
(c) 
The planning and zoning commission shall be an advisory board to the city council.
(Ordinance 2021-08 adopted 4/13/21)
(a) 
Each member shall serve a term of office of two (2) years and shall be identified by place numbers one through five. After the expiration of a two-year term of office, a member shall serve until a successor is appointed. The terms of places 1, 3 and 5 shall expire on the first meeting in April of each odd-numbered year, and the terms of places 2 and 4 shall expire on the first meeting in April of each even-numbered year. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. The terms for places 1, 3 and 5 shall be two (2) year terms beginning in 2021 and expiring in odd-numbered years thereafter; The terms for places 2 and 4 shall be one-year terms expiring in 2022 and expiring in even-numbered years thereafter.
(b) 
Vacancies shall be filled for unexpired terms by the city council in the same manner as the original appointment was made. Newly appointed members shall be installed at the first regular commission meeting after their appointment. The city council may remove a commission member for cause on a written charge and after a public hearing.[1]
[1]
Editor’s note—Original has this as Subsection 1
(c) 
Three (3) consecutive unexcused absences or absence from three (3) meetings in any six-month period shall constitute grounds for dismissal.
(Ordinance 2021-08 adopted 4/13/21)
The planning and zoning commission is hereby charged with the duty and invested with the authority to:
(1) 
Review and recommend administrative procedures to the council in regard to inspection of property and premises where required in the discharge of responsibilities under the laws of the state and of the city.
(2) 
Recommend to the city council approval or disapproval of proposed changes in the zoning district map.
(3) 
Recommend to the city council revisions to the city comprehensive plan for the orderly growth and development of the city and its environs, and from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the city.
(4) 
Recommend to the city council revisions to the zoning district map as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the city council relating to the creation, amendment and implementation of zoning regulations and districts as provided in V.T.C.A., Local Government Code, section 211.01 et seq., as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said act are specifically adopted and made a part hereof.
(5) 
Exercise all the powers of a planning commission as to approval or disapproval of plans, plats or replats and vacations of plans, plats or replats set out in V.T.C.A., Local Government Code, section 212.001 et seq.
(6) 
Under city council direction and coordination with the city staff, study and make recommendations on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
(7) 
Under city council direction and coordination with the city staff, study and make recommendation on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances.
(8) 
Initiate, in the name of the city, for consideration at public hearings all proposals:
(A) 
For the opening, vacating or closing of public rights-of-way, parks or other public places;
(B) 
For the original zoning of annexed areas; and
(C) 
For the change of zoning district boundaries on an area-wide basis.
No fee shall be required for the filing of any such proposal in the name of the city.
(9) 
Formulate, analyze and recommend to the city council for its adoption, policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities.
(10) 
Keep itself informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans to the city.
(11) 
Submit in April of each year a progress report to the city council summarizing its activities, major accomplishments for the past year and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and the identity of commission officers.
(12) 
The commission, at the direction of the council, shall study, hold public hearings and submit reports on any topics pertaining to planning and zoning that the council deems appropriate.
(13) 
The commissioners must notify the city administrator if unable to attend a scheduled meeting.
(Ordinance 2021-08 adopted 4/13/21)
(a) 
Regular meetings.
The planning and zoning commission shall meet at least monthly unless the chair decides to cancel the regular meeting due to lack of business or special circumstances. Regular meetings shall be held at a regularly designated time and place as determined on an annual basis at the commission’s organizational meeting held in April. Special meetings may be called and/or the time, date, or place of the regular meeting may be changed at the discretion of the chair so long as members of the commission are notified at least three (3) days in advance of the change.
(b) 
Special meetings.
Special meetings of the commission may be called by the chair or by written request sent to the chair or vice-chair by three (3) members of the commission. Notice of all special meetings shall be published in accordance with city procedures, and at least three (3) days in advance of the meeting.
(c) 
Public character of meetings and actions.
All meetings of the commission shall be of a public nature unless pertaining to matters of land purchase, security, personnel, or strictly legal matters. Unless in one of these categories, all meetings and actions of the commission shall be public, and copies of the minutes shall be furnished by the city secretary. A printed agenda of items to be considered at each meeting shall be posted for public inspection at least three (3) days prior to the meeting.
(d) 
Report of the minutes.
The board shall submit to the city secretary, within seven (7) days following each regular, special or emergency meeting, a list of members absent, excused or unexcused from the meeting and a copy of the minutes of the meeting.
(e) 
Quorum.
A quorum for the conduct of business shall consist of three (3) members of the commission.
(Ordinance 2021-08 adopted 4/13/21)
(a) 
Conflict.
A commission member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or that he will be directly affected by the decision of the commission in accordance with the Texas Local Government Code.
(b) 
Influence.
A commission member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public meeting.
(Ordinance 2021-08 adopted 4/13/21)
(a) 
Motions.
Any member other than the presiding officer may make a motion. The chair may second a motion and will have the same voting privilege as any other commission member.
(b) 
Votes required.
A motion to approve any matter before the commission or to recommend approval of any request requiring city council action shall require three favorable votes.
(1) 
Except for plat approval, as covered by V.T.C.A., Local Government Code, section 212.009, when fewer than three members are present, the matter is denied.
(2) 
When fewer than all the commission members are present for the voting and when all motions to recommend on a given application fail to carry by three votes, consideration of the application shall be continued to the next regular meeting upon motion carried by a majority of those present; provided further that no request or application shall be continued under this rule beyond the next regular meeting.
(3) 
Failure of the commission to secure three concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal.
(c) 
Meeting rules.
Meetings shall be conducted in accordance with the adopted planning and zoning commission rules of procedures and in accordance with state law. The commission may amend the rules of procedure with city council approval.
(Ordinance 2021-08 adopted 4/13/21)