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HomeMy WebLinkAboutO-2010-3306 convert the two P & Z Commission Alternate Member Positions to Regular Member PositionsREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13.2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance (showing changes) Ordinance (final) Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council directed staff to draft an ordinance converting the two alternate member positions to regular members of the Planning and Zoning Commission. Upon approval, this ordinance will expand the Commission to nine (9) members; a member from each of the six council districts, a member for each of the two at -large positions (At -Large A and At -Large B), and a member for the Mayoral seat, who shall be the chairperson. Changes in Section 106-62 and 106-63 of the Code of Ordinances pertain to the Planning and Zoning Commission. The amendments contain voting procedures and quorum requirements for the Planning and Zoning Commission meetings. On November 18, 2010, the Commission held a public hearing to consider these amendments to Sections 106-62 and 106-63 of the Code of Ordinances. By a 6-0 vote, 1 abstain, the Commission forwards a recommendation that City Council adopts the proposed amendments. Action Required by Council: 1. Hold public hearing. 2.,^nsider adopting changes to Section 106-62 and 106-63 by ordinance. Ron Bottoms, City //- 6 /&'Z� Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II. "ADMINISTRATION", DIVISION 2. `BOARDS AND COMMISSIONS", SUBDIVISION II "PLANNING AND ZONING COMMISSION", SECTION 106-62 "MEMBERSHIP AND STRUCTURE" AND SECTION 106-63 "GENERAL PROCEEDINGS", TO CHANGE LA PORTE PLANNING AND ZONING COMMISSION ALTERNATE MEMBER POSITIONS TO REGULAR MEMBER POSITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and Commissions", Subdivision 11 "Planning and Zoning Commission", Section 106-62 "Membership and Structure," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-62. Membership and structure. a) The City Planning and Zoning Commission shah consist.o nine members, to be tinted as follhw : a member from each of the six council districts, a mebr fbi.each o wo at--1(�esi ie All members aft, required to be who are resident citizens and qualified voters of the city. The term of the six members from the six council districts shall coincide with the term of office of the councilperson for the said district. The term of office for each individual altemate at - large member shall coincide with the term of office of Councilperson At -Large A and Councilperson At. -Large B, respectively. The term of office for the chairman shall coincide with the term of office of the Mayor of the City. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. (b) Each district member who is appointed shall be a resident of the district from which he or' -she is appointed at the time of his appointment and continuously throughout his/her tenure in office. (c) The term of each member shall terminate on August 30 of the year in which the term expires, or when his/her successor has been appointed and qualified. (d) The planning and zoning commission shall elect a vice-chairman from its membership. exeluding ineluding the + afte ates at large . fs " Section 2: That Chapter 106, "Zoning," Article Il. "Administration", Division 2 "Boards and Commissions", Subdivision II "Planning and Zoning Commission", Section 106-63 "General Proceedings," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-63. General proceedings. The City Planning and Zoning Commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this section or the laws of the state. All meetings of the City Planning and Zoning Commission shall be open to the public. Five4-ew members of the City Planning and Zoning Commission shall constitute a quorum for the transaction of business." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of , 2010. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney xlo - ORDINANCE NO.�D AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II. "ADMINISTRATION", DIVISION 2. "BOARDS AND COMMISSIONS", SUBDIVISION II "PLANNING AND ZONING COMMISSION", SECTION 106-62 "MEMBERSHIP AND STRUCTURE" AND SECTION 106-63 "GENERAL PROCEEDINGS", TO CHANGE LA PORTE PLANNING AND ZONING COMMISSION ALTERNATE MEMBER POSITIONS TO REGULAR MEMBER POSITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and Commissions", Subdivision II "Planning and Zoning Commission", Section 106-62 "Membership and Structure," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-62. Membership and structure. (a) The City Planning and Zoning Commission shall consist of nine members, to be appointed as follows: a member from each of the six council districts, a member for each of the two at -large positions (At -Large A and At -Large B), and a member for the Mayoral seat, who shall be the chairman. All members are required to be resident citizens and qualified voters of the city. The term of the six members from the six council districts shall coincide with the term of office of the councilperson for the said district. The term of office for each at -large member shall coincide with the term of office of Councilperson At -Large A and Councilperson At -Large B, respectively. The term of office for the chairman shall coincide with the term of office of the Mayor of the City. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. (b) Each district member who is appointed shall be a resident of the district from which he or she is appointed at the time of his appointment and continuously throughout his/her tenure in office. (c) The term of each member shall terminate on August 30 of the year in which the term expires, or when his/her successor has been appointed and qualified. (d) The planning and zoning commission shall elect a vice-chairman from its membership. Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 2 `Boards and Commissions", Subdivision II "Planning and Zoning Commission", Section 106-63 "General Proceedings," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-63. General proceedings. The City Planning and Zoning Commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this section or the laws of the state. All meetings of the City Planning and Zoning Commission shall be open to the public. Five members of the City Planning and Zoning Commission shall constitute a quorum for the transaction of business." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the DC7"' day of P `�M & r , 2010. CITY OF LA PORTE By: Lui R. Rigby Mayor 0 ATTEST: a Q' CitySecretary APPROVED - Assistant City Attorney