(a) The
membership of the planning and zoning commission shall be composed
of five (5) members. Three (3) commission members shall be registered
voters of the city and have resided within the city limits for at
least six months preceding their appointment. Two (2) commission members
shall reside within the extraterritorial jurisdiction (ETJ) of the
city for at least six months preceding their appointment.
(b) The
mayor and the council are responsible for appointing the members of
the commission.
(c) Members
shall be appointed by a vote of a majority of the council in open
meeting unless otherwise provided by law.
(d) Members
shall serve without compensation for their services.
(e) Commission
members may be removed from office for any reason.
(Ordinance 2011-10-18C, sec. I,
adopted 10/18/11)
The terms of each of the members is two (2) years and is staggered,
except that the respective terms of three (3) of the members of the
first appointed commission is one year. Terms end October 31 of each
year. All vacancies shall be filled for the unexpired term by the
council in the same manner as provided for in the original appointments.
(Ordinance 2011-10-18C, sec. II,
adopted 10/18/11)
The city council is authorized to appoint four (4) or more alternate
members of the commission who shall serve in the absence of one or
more regular members when requested to do so by the chairman.
(Ordinance 2011-10-18C, sec. III,
adopted 10/18/11)
(a) All
members of the commission shall endeavor to attend all meetings. Any
member of the commission failing to attend three (3) consecutive scheduled
meetings without good cause shall be subject to removal from the commission
by the council. All members who will miss a meeting, whether scheduled
or called, shall endeavor to give prior notification to the chairman
and/or vice-chairman as soon as possible.
(b) Any
member of the commission who has or believes that she/he has a conflict
of interest in a matter that is to be considered and/or acted upon
by the commission shall excuse herself/himself from the consideration
and/or action and refrain from discussing and/or voting on said item
in her/his official capacity as a commission member.
(c) All
meetings of the commission shall be governed by the Texas Open Meeting
Act, Tex. Gov’t Code, chapter 551.
(d) Meetings
of the commission shall be held annually every October, unless otherwise
posted. Special meetings may be called as necessary by the chair and/or
by other city elected officials or city management personnel. All
meetings shall be open to the public, unless an executive session
is conducted. Public notice of all meetings shall be posted in accordance
with state law.
(e) A
majority of three (3) of the five (5) members shall constitute a quorum
for holding a meeting and for taking any action. No action shall be
taken on any item before the commission in the absence of a quorum.
(f) The
chairman may also vote on each issue. Voting shall be by hand or may
be made verbally and noted by the secretary. The affirmative vote
of a majority of members constituting a quorum of the commission shall
be necessary and sufficient for any recommendation, resolution, plan,
or other voting matter.
(g) Anyone
wishing to have an item on the agenda must contact the chairman and/or
the vice-chairmen by Monday one week prior to the meeting. The agenda
will be posted at least seventy-two (72) hours before the meeting
as required by law.
(Ordinance 2011-10-18C, sec. IV,
adopted 10/18/11; Ordinance
2012-11-15C adopted 11/15/12)
The commission is responsible to and shall act as an advisory
body only to the council and shall perform such duties and exercise
such additional powers as may be described by ordinances of the city.
(Ordinance 2011-10-18C, sec. VI,
adopted 10/18/11)
(a) The
commission shall select a chairman, vice-chairman, and secretary,
and such other officials as deemed necessary from its membership.
The chairman will post agendas of meetings in accordance with city
ordinances and state laws. The vice-chairman shall perform the duties
of the chairman in his/her absence. The secretary shall record minutes
of all meetings and submit an original to the city secretary.
(b) The
commission may also make rules, regulations, and bylaws for its own
government, subject to any ordinance of the city, and it shall not
conflict with but shall conform as nearly as possible with those governing
the council and shall be subject to approval by the council.
(Ordinance 2011-10-18C, sec. VII,
adopted 10/18/11)
(a) The
commission must always bear in mind that the issues before it are
never primarily for the profit or loss to a particular individual
or entity, but the maintenance of such system of planning and zoning
that will best serve the interests of the city community as a whole.
(b) The
commission has the power and it shall be its duty:
(1) To make appropriate surveys, investigations, reports, and recommendations
relating to community planning and development to the council, and
to recommend the approval, disapproval, modification, or rejection
of all plans, plats, or replats of land, additions, subdivisions,
and properties within the city;
(2) To make plans [and] maps of the whole or any part of the city and
of land outside the city located within five miles of the city limits
and any other land outside the city, which, in the opinion of the
commission, bears a relation to the planning of the city and to make
changes in, additions to, and extensions of such plans or maps when
it deems the same advisable;
(3) To act with and assist all other municipal and governmental agencies,
and particularly the council, in formulating and executing proper
plans or maps for municipal development and growth;
(4) To recommend to the council the passage of such ordinances as it
may deem necessary to carry out its program;
(5) To recommend to the council approval or disapproval of proposed changes
in the city’s zoning ordinance and plans, and to make any recommendations
concerning any future zoning plans;
(6) To make and adopt a comprehensive community plan for the guidance
and control of the future development of the community;
(7) To make studies and recommend to the council plans for clearing the
city of slums and blighted areas;
(8) To aid and assist the council in the annual preparation of long-range
capital improvement budget, and determination of sources of funds
therefor;
(9) To investigate and evaluate the opening, vacating, narrowing, abandoning,
or changing the scope, character, and standards for streets, roads,
and alleyways within the city’s extraterritorial jurisdiction;
(10) Perform such other duties as may be prescribed by ordinance or state
law;
(11) To function as the city zoning commission and exercise all of those
powers and duties permitted by statutes of the state and city ordinances,
as each may be amended from time to time.
(Ordinance 2011-10-18C, sec. VII,
adopted 10/18/11)