.," " ", " ORDINANCE NO. 088-039 AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS, AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES, TOWN OF ADDISON, TEXAS, PROVIDING DEFINITIONS; PROVIDING A POLICY; PROVIDING STANDARDS OF CONDUCT; PROHIBITING CONFLICT OF INTEREST; PROVIDING FOR RECEIPTS; PROHIBITING ACCEPTING EMPLOYMENT FROM ENTITY REGULATED BY CITY; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That Chapter 2 of the Code of Ordinances, Town of Addison, Texas, is hereby amended to add Secs. 2-2 through 2-7 to read as follows: Sec. 2-2. Definitions. As used in this article, the following words shall have the meanings herein ascribed to them: "Board" means a board, commission or committee which is established by City ordinance, City Charter interlocal contract or state law and any part of whose membership is appointed by the City Council. "Business Entity" or "Entity" means a sole sole proprietorship, partnership, form, corporation, holding company, joint-stock company, receivership, trust or any other Entity recognized in law. "City" or "Town" means the Town of Addison, Texas. "Employee" means a person employed or paid a salary by the City on a full-time basis excluding officers as that term is defined hereinafter. "Incidental Interest" 􀁾􀁥􀁡􀁮􀁳􀀠an interest in a person, Entity or property which is not a substantial interest and which has insignificant value, or which -1 would be affected only in a de minimis fashion by a decision. This chapter does not establish dollar limits on the terms "insignificant value" and "de minimis," which shall have their usual meanings and be subject to interpretation on a case by case basis. "Interest" or "Benefit" means anything reasonably regarded as economic gain or economic advantage, other than Incidental or Remote Interests. The term applies to the Official and also to any person who is related to such Official within the second degree by consanguinity or affinity. "Officer" means the Mayor and members of the City Council. "Official" means Officers, Employees and members of any Board which is established by City ordinances, City Charter, interlocal contract, or state law and any part of whose membership is appointed by the City Council. "Remote Interest" means an interest of a person or Entity, including an Official who would be affected in the same way as the general public. The interest of a councilmember in the property tax rate, general City fees, City utility charges or a comprehensive zoning ordinance or similar decisions is incidental to the extent that the councilmember would be affected in common with the general public. Sec. 2-3. Policy. (a) It is hereby declared to be the policy of the City that the proper operation of democratic government requires that: (1) Officials be independent, impartial and responsible only to the people of the City; (2) governmental decisions and policy be made using the proper procedures of the governmental structure; (3) no Official have any Inter.est, direct or indirect, or engage in any business cransaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his duties in the public interest; (4) public office not be used for personal gain; ) (5) the City Council at all times be maintained as a nonpartisan body; and (6) Officials fully comply with state statutes, as amended, concerning conflicts of interest. (b) To implement this policy, the City Council has determined that it is advisable to enact this code of ethics for all Officials, whether elected or appointed, paid or unpaid, advisory or administrative, to serve not only as a guide for official conduct of the City's public servants, but also as a basis for discipline for those who refuse to abide by its terms. Sec. 2-4. Standards of conduct. No Official shall: (a) accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise which he knows or should know is being offered or given with the intent to unlawfully influence said 􀁰􀁾􀁲􀁳􀁯􀁮􀀠in the discharge of official duties, or in return for having exercised or performed official duties; (b) use his official position to secure special privileges or exemptions for himself or others; (c) grant grant any special consideration, treatment or advantage to a person or organization beyond that which is available to every other person or organization (this shall not prohibit the granting of fringe benefits to City Employees as a part of their contract of employment or as an added incentive to the securing or retaining of Employees); (d) disclose information that could adversely affect the property or affairs of the City, or directly or indirectly use any information understood to be confidential which was gained by reason of his official position or employment for his own personal gain or benefit or for the private interest of others; (e) transact any business on behalf of the City in his official capacity with any Entity with which he is an officer, agent or member or in which he has an Interest. In the event that such a circumstance should arise, then he shall make known his interest, and: (1) in the case of an Officer or Board member, refrain from discussing the matter at any -3 time with the members of the body of which he is a member or any other body which will consider the matter and abstain from voting on the matter; or (2) in the case of an Employee, turn the matter over to his superior for reassignment, state the reasons for doing so and have nothing further to do with the matter involved; (f) accept other employment or engage in outside activities incompatible with the full and proper discharge of his duties and responsibilities with the City, or which might impair his independent judgment in the performance of his public duty; (g) personally provide services for compensation, directly or indirectly, to a person, Entity or organization who is requesting an approval, investigation, or determination from the body or department of which the Officer or Employee is a member. This restriction does not apply to outside employment of an Officer if the employment is the Officer's primary source of income. (h) receive any fee or compensation for his services as an Officer or Employee Employee of the City from any source other than the City, except as may be otherwise provided by law. This shall not prohibit his performing the same or other services for a public or private organization that he performs for the City if there is no conflict with his City duties and responsibilities. (i) In the case of a member of the City Council or an Employee, personally represent, or appear in behalf of, the private interests of others: (a) Board or before the City Councilor any City department; (b) in any proceeding involving the City; or (c) in any litigation to which the City 1S a party. (j) in the case of a Board member, personally represent or appear in behalf of, the private interests of others: (a) before the Board of which he is a member; (b) before the City Council; (c) before a Board which has appellate jurisdiction over the Board of which he is a member; or (d) in litigation to which the City is a party if the interests of the person being represented are adverse to the City and the subjebt of the litigation involves the Board on which the Board member is serving or the department providing support services to that Board. (k) use his official position or City-owned facilities, personnel, equipment, supplies, vehicles, printing facilities, postage facilities, long-distance telephone services or any other resources for private purposes, personal advantage, pecuniary gain for such Official or for others or for any political campaign for himself or others; (1) use the prestige of his position with the City in behalf of any political party; (m) knowingly perform or refuse to perform any act in order to deliberately thwart the execution of the City ordinances, rules or regulations or the achievement of official City programs; (n) engage in any dishonest or criminal act or any other conduct prejudicial to the government of the City or that reflects discredit upon the government of the City; (0) make false reports to the City concerning attendance at meetings, expense accounts or for any other act which would entitle him to remuneration or reimbursement. Sec. 2-5. Prohibition on conflict of interest. An Official may not participate in a vote or decision on a matter affecting a person, Entity or property in which the Official has an Interest; in addition, an Official who serves as a corporate officer or member of the board or directors of a nonprofit Entity which is not appointed by the City Council may not participate in a vote or decision regarding funding by or through the City for the Entity. Where the interest of an Official in the subject matter of a vote or decision is Remote or Incidental, he may participate in the vote or decision and need not disclose the interest. Sec. 2-7. 􀁁􀁣􀁣􀁥􀁰􀁴􀁩􀁮􀁾􀀠employment from an Entity regulated by City prohiblted. An Employee in a position which involves significant reporting, decision-making, advisory, regulatory or supervisory responsibility who leaves the service or employment of the City shall not, within six (6) months after leaving that service or employment, seek or accept employment from an Entity which had appeared for formal action or decision before the body of which such Employee was a member or which had been subject to the Employee's regulation or inspection during such Employee's employment with the City. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or be held to be unconstitutional, illegal or invalid, the sarne shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal, or unconstitutional. SECTION 4. (a) The failure of any Of f icer or Employee to comply with this article or the violation of one or 􀁾􀁯􀁲􀁥􀀠of the standards of conduct' set forth in this article, which apply to him, shall constitute grounds for expulsion, 􀁾􀁥􀁰􀁲􀁩􀁭􀁡􀁮􀁤􀀬􀀠removal from office or discharge; in addition, such failure to comply is an offense and the violator shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine only not to exceed the sum of Four Hundred and no/lOO Dollars ($400.00) for each offense, and each and every day such -6 offense is continued shall constitute a new and separate offense. (b) In the case of an Employee of the City, disciplinary action and appeals therefrom shall be in conformance with appl cable procedures established by the City Charter and personnel rules and regulations. In the case of a City Councilman, the matter shall be decided by a vote of two-thirds of the entire membership of the City Council. In the case of members of Boards, the matters shall be decided by the City Council. The decision of these bodies shall be final in the absence of bias, prejudice or fraud. SECTION S. The fact that the present code of Ordinances does not provide for standards of conduct, and therefore is inadequate to properly safeguard the general public health and safety, creates an emergency and an imperative public necessity, and the ordinance shall take effect and be in force Erom and after its adoption. DULY PASSED by the City Council of the Town of ,>"ddison, Texas, this the 13th day of September , 1988. APPROVE .//ATTEST: TOWN OF ADDISON CITY PLAN COMMISSION BRIEFING November 21, 1991 TABLE OF CONTENTS TAB I. Chapter 211. Municipal Zoning Authority II. Chapter 212. Municipal Regulation of Subdivisions and Property Development III. Article 6252-17. Open Meetings Act IV. Chapter 171. State Conflict of Interest Law V. Addison City Charter Provisions A. Article VII. Municipal Planning and Zoning B. Article XI. Section 11.01. No officer or employee to accept gift, etc. C. Article XI. Section 11.02. Financial interest of officers or employees. VI. Addison Zoning Ordinance Provisions A. Article VIII.A. Planned Development District B. Article XVI. Unplatted Property C. Article XX. Changes and Amendments VII. Sample -City Plan Commission Rules of Procedure A. City of Dallas, Texas -1990 B. City of Garland, Texas -1991 1 I. CHAPTER 211 MUNICIPAL ZONING AUTHORITY CHAPTER 211. MUNICIPAL ZONING AUTHORITY SUBCHAPTER A. GENERAL ZONING REGULATIONS § 211.001. Purpose The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. § 211.002. Adoption of Regulation or Boundary Includes Amendment or Other Change A reference in this subchapter to the, adoption of a zoning regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary. § 211.003 Zoning Regulations Generally (a) The governing body of a municipality may regulate; (1) the height, number of stories, and size of buildings and other structures; (2) the percentage of a lot that may be occupied; (3) spaces; the size of yards, courts, and other open (4) population density; and (5) the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes. (b) In the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures. (c) The governing body of a home-rule municipality may also regulate the bulk of buildings. 0689x/1 § 211.0035. Zoning Regulations and District Boundaries Applicable to Pawnshops (a) In this section, "pawnshop" has the meaning assigned by Section 2, Texas Pawnshop Act (Article 5069-51.02, Vernon's Texas civil Statutes). (b) For the purposes of zoning regulation and determination of zoning district boundaries, the governing body of a municipality shall designate pawnshops that have been licensed to transact business by the Consumer Credit Commissioner under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil Statutes) as a permitted use in one or more zoning classifications. (c) The governing body of a municipality may not impose a specific use permit requirement or any requirement similar in effect to a specific use permit requirement on a pawnshop that has been licensed to transact business by the Consumer Credit I Commissioner under the Texas Pawnshop Act (Article 5069-51.01 J et seq., Vernon's Texas civil Statutes). § 211.004. Compliance With Comprehensive Plan (a) Zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to: (1) lessen congestion in the streets; (2) secure safety from fire, panic, and other dangers; (3) promote health and the general welfare; (4) provide adequate light and air; (5) prevent the overcrowding of land; (6) avoid undue concentration of population; or (7) facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements. (b) Notwithstanding any provision of a city charter or an adopted comprehensive plan to the contrary, a majority of the governing body of a municipality may adopt or amend a comprehensive plan at any time. The policies of a 0689x/2 .! .oj ) comprehensive plan may only be implemented by ordinances duly adopted by the municipality and shall not constitute land use or zoning regulations or establish zoning district boundaries. § 211.005. Districts (a) The governing body of a municipality may divide the municipality into districts of a number, shape, and size the governing body considers best for carrying out this subchapter. Within each district, the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. (b) Zoning regulations must be uniform for each class or kind of building in a district, but the regulations may vary from district to district. The regulations shall be adopted with reasonable consideration, among other things, for the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the municipality. § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries (a) The governing body of a municipal i ty wishing to exercise the authority relating to zoning regulations and zoning district boundaries shall establish procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality. (b) In addition to the notice required by Subsection (a), a general-law municipality that does not have a zoning commission shall give notice of a proposed change in a zoning classification to each property owner who would be entitled to notice under Section 211.007(c) if the municipality had a zoning commission. That notice must be given in the same manner as required for notice to property owners under Section 211.007(c). The governing body may not adopt the proposed change until after the 30th day after the date the notice required by this subsection is given. 0689x/3 (c) If the governing body of a home-rule municipality conducts a hearing under Subsection (a), the governing body may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of the public hearing. Notice requirements prescribed under this subsection are in addition to the publication of notice required by Subsection (a). (d) If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. (e) In computing the percentage of land area under Subsection (d), the area of streets and alleys shall be included. (f) The governing governing body by ordinance may provide that the affirmative vote of at least three-fourths of all its members is required to overrule a recommendation of the municipality's zoning commission that a proposed change to a regulation or boundary be denied. § 211.007. Zoning Commission (a) To exercise the powers authorized by this subchapter, the governing body of a home-rule municipality shall, and the governing body of a general-law municipality may, appoint a zoning commission. The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district. If the municipality has a municipal planning commission at the time of implementation of this subchapter, the governing body may appoint that commission to serve as the zoning commission. (b) The zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the governing body. The governing body may not hold a public hearing until it receives the final report of the zoning commission unless the governing body by ordinance provides that a public hearing is to be held, after 0689x/4 the notice required by Section 211.006(a), jointly with a public hearing required to be held by the zoning commission. In either case, the governing body may not take action on the matter until it receives the final report of the zoning commission. (c) Before the lOth day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Section 211.006(a). (d) The governing governing body of a home-rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission. If notice requirements are prescribed under this subsection, the notice requirements prescribed by Subsections (b) and (c) and by Section 211.006(a) do not apply. (e) If a general-law municipality exercises zoning authority without the appointment of a zoning commission, any reference in a law to a municipal zoning commission or planning commission means the governing body of the municipality. § 211.008. Board of Adjustment (a) The governing body of a municipality may provide for the appointment of a board of adjustment. In the regulations adopted under this subchapter, the governing body may authorize the board of adjustment. in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. (b) A board of adjustment must consist of five members to be appointed for terms of two years. The appointing authority may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. 0689./5 (c) The governing body, by charter or ordinance, may provide for the appointment of four alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. (d) Each case before the board of adjustment must be heard by at least four members. (e) The board shall adopt rules in accordance with any ordinance adopted under this subchapter. Meetings of the board are held at the call of the chairman and at other times as determined by the board. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. (f) The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records. § 211.009. Authority of Board (a) The board of adjustment may: (1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter; (2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; and (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done . . I 0689./6 (b) In exercising its authority under Subsection (a)(l), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. (c) The concurring vote of four members of the board is necessary to: (I) reverse an order, requirement, decision, or determination of an administrative official; (2) decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or (3) authorize a variation from the terms of a zoning ordinance. § 211.010. Appeal to Board (a) Any of the following persons may appeal to the board of adjustment a decision made by an administrative official: (1) a person aggrieved by the decision; or (2) any officer, department, board, or bureau of the municipality affected by the decision. (b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving this notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. (c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would c.ause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. 0689x/7 (d) The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time. § 211.011. Judicial Review of Board Decision (a) Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taKpayer; or (3) an officer, department, board, or bureau of the municipality. (b) The petition must be presented within 10 days after the date the decision is filed in the board's office. (c) On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown. (d) The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. (e) If at the hearing the court determines the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. 0689x/8 (f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision. § 211. 012. Enforcement; Penalty; Remedies (a) The governing body of a municipality may adopt ordinances to enforce this subchapter or any ordinance or regulation adopted under this subchapter. (b) A person commits an offense if the person violates this subchapter or an ordinance or regulation adopted under this subchapter. An offense under this sUbsection is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the governing body. The governing body may also provide civil penalties for a violation. (c) If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if abuilding, other structure, or land is used in violation of this subchapter, or an ordinance or regulation adopted under this subchapter, the appropriate municipal authority, in addition to other remedies, may institute appropriate action to: (1) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; (2) restrain, correct, or abate the violation; (3) prevent the occupancy of the building, structure, or land; or (4) prevent any illegal act, conduct, business, or use on or about the premises. § 211.013. Conflict With Other Laws; Exceptions (a) If a zoning regulation adopted under this subchapter requires a greater width or size of a yard, court, or other open space, requires a lower building height or .fewer number of stories for a building, requires a greater percentage of lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local ordinance or regulation, the regulation adopted under this 0689x/9 subchapter controls. If the other statue or local ordinance or regulation imposes higher standards, that statute, ordinance, or regulation controls. (b) This subchapter does not authorize the governing body of a municipality to require the removal or destruction of property that exists at the time the governing body implements this subchapter and that is actually and necessarily used in a public service business. (c) This subchapter does not apply to a building, other structure, or land under the control, administration, or jurisdiction of a state or federal agency. 0689x/10 1 1 1 1 2. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II. CHAPTER 212 MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT CHAPTER 212. MONICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT § 212.001. Definitions In this subchapter: (1) "Extratmunicipality's determined under municipality that erritorial jurisdiction" means extraterritorial jurisdiction Chapter 42, except that for has a population of 5,000 or more a as a and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits. (2) "Plat" includes a replat. § 212.002. Rules After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. (1) The source law refers to "rules and regulations" governing plats and subdivisions. The reference to "regulations"is omitted from the revised law because under the definitions section of the Code Construction Act (Section 311.005, Government Code) a rule includes a regulation. (2) The source law refers to a municipality's authority to "adopt and promulgate" rules. The reference to "promulgate" is omitted from the revised law because the authority to promulgate (officially publish or announce) is inherent in the authority to adopt rules. § 212.003. Extension of Rules to Extraterritorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted 0688x/1 under Section 212.002 and other municipal ordinances relating to access to public roads. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate: (1) the use of any building or property for business, industrial, residential or other purposes; (2) the bulk, height, or number of buildings constructed on a particular tract of land; (3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; or (4) the number of residential units that can be built per acre of land. (b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction. (c) The municipality injunctive relief in district municipal ordinances or extraterritorial jurisdiction. is court codes entto itled en]Oln applicato a ble approprviolation in iate of the § 212.004. Plat Required (a) The owner of a a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, or to layout suburban, building, or other lots, and to layout streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks. or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. (b) To be recorded, the plat must: (1) describe the subdivision by metes and bounds; 0688./2 (2) locate the subdivision with respect to a corner of the surveyor tract or an original corner of the original survey of which it is a part; and (3) state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adj acent to the street, alley, square, park, or other part. (c) The owner or proprietor of the tract or the owner's or proprietor' s agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (d) The plat must be filed and recorded with the county clerk of the county in which the tract is located. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. § 212.0045. Exception to Plat Requirement: Municipal Determination (a) To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions. A municipality need not require platting for every division of land otherwise within the scope of this subchapter. (b) In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality. § 212.0046. Exception to Plat Requirement: Certain property Abutting Aircraft Runway An owner of a tract of land is not required to prepare a plat if the land: (1) is located wholly within a municipality with a population of 5,000 or less; (2) is divided into parts larger than 2 1/2 acres; and (3) abuts any part of an aircraft runway. 0688x/3 § 212.005. Approval by Municipality Required The municipal authority responsible for approving plats must approve a plat that is required to be prepared under this subchapter and that satisfies all applicable regulations. § 212.006. Authority Responsible for Approval Generally (a) The municipal authori:ty responsible for approving plats under this subchapter lS the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission. (b) In a municipality with a population of more than 1.5 million, at least two members of the municipal planning commission, but not more than 25 percent of the membership of the commission, must be residents of the area outside the limits of the municipality and in which the municipality exercises its authority to approve subdivision plats. S 212.0065. Delegation of Approval Responsibility A A municipality may delegate the ability to approve minor plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities to an employee of the municipality. The designated employee may, for any reason, elect to present the plat to the municipal planning commission or governing body, or both, to approve the plat. The employee shall not disapprove the plat and shall be required to refer any plat which he refuses to approve to the municipal planning commission or governing body, or both, within the time period specified in Section 212.009. § 212.007. Authority Responsible Extraterritorial JurisdMunicipality for iction Approval: of More Tract in than One (a) For a tract located in the extraterritorial jurisdiction of more than one municipality, the authority responsible for approving a plat under this subchapter is the authority in the municipality with the largest population that under Section 212.006 has approval responsibility. The governing body of that municipality may enter into an agreement with any other affected municipality or with any other 0688x/4 municipality having area that, if unincorporated, would be in the extraterritorial jurisdiction of the governing body's municipality delegating to the other municipality the responsibility for plat approval within specified parts of the affected area. (b) Either party to an agreement under Subsection (a) may revoke the agreement after date of the agreement unless period. 20 the years have elapsed parties agree to after a shothe rter (c) A county clerk. copy of the agreement shall be filed with the § 212.008. Application for Approval A person desiring approval of a plat must apply to and file a copy of the plat with the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. § 212.009. Approval Procedure (a) The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period. (b) If an ordinance requires that a plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall act on the plat within 30 days after the date the plat is approved by the planning commission or is considered approved by the inaction of the commission. A plat is considered approved by the governing body unless it is disapproved within that period. § 212.010. Standards for Approval (a) The municipal authority responsible for approving plats shall approve a plat if: (1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 0688x/5 (2) it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; (3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and (4) it conforms to any rules adopted under Section 212.002. (b) However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by Section 212.0105, if applicable. § 212.0105. Water and Sewer Requirements in Certain Counties (a) This section applies only to a person who: (1) is the owner of a tract of land in either: (A) a county that is contiguous to an international border; or (B) a county in which a political subdivision has received financial assistance through Subchapter K, Chapter 17, Water Code; (2) divides the tract in a manner that creates any lots that are intended for residential purposes and are five acres or less; and (3) is required under this subchapter to have a plat prepared for the subdivision. (b) The owner of the tract: (1) must: (A) include on the plat or have attached to the plat a document containing a description of the water and sewer service facilities that will be constructed or installed to service the subdivision and a statement of the date by which the facilities will be fully operable; and (B) have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service faci lities described by the plat or on the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code; or (2) must: (A) include on the plat a statement that water and sewer service facilities are unnecessary for the subdivision; and (B) have attached to the plat a document prepared by a engineer registered to practice in this state certifying that water and sewer service facilities are unnecessary for the subdivision under the model rules adopted under Section 16.343, Water Code. (c) The governing body of the municipality may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the water and sewer service facilities must be fully operable if the governing body finds the extension is reasonable and not contrary to the public interest. If the facilities are fully operable before the expiration of the extension period, the facilities are considered to have been made fully operable in a timely manner. An extension is not reasonable if it would allow a residence in the subdivision to be inhabited without water or sewer services. § 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties (a) This section applies only to a person described by Section 212.0l05(a). (b) If the governing body of a municipality in a county described by Section 212.0105(a)(1){A) or (B) requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Subsection (c). The bond must: (1) be payable to the presiding officer of the governing body or to the presiding officer's successors in office; 0688 recorder, vide governmental These rules m such equipmen that the rules coverage or ta <:j) Nothing i open meetiogs security persOl (k) Nothing body where se charter. (I) Whenevf permitted by considered in t public and in e (m) Nothing consultation a, deb'berate in 0 will follow or i: employee grau (n) Nothing Feders! funds (o) Nothing committees to psychiatric reo' are being CODS "FlCES. ETC. . Title IlQA. , Section 11.20. . 􀁾􀀠organization 'icial branch of ler regulatory section. !tion of the free \cts 1987, 70th gs which are L governmen.. . other person, ltal body has \10n is taken. Igathering of ,Cia! functions lttendance of '!tion is taken ventions, or '! quorum of pvernmental 1governmenommittee, or s under the :oners Court or quasi·judi. , a county or rd of school lcial district "V applicable _/amended by wtted in the 'overnmental ·-.jon of any 􀀬􀁾􀁥􀁥􀁴􀁩􀁮􀁧􀀸􀀠or _lernmental s been given '"'ng officer ! held and PUBLlCOFFICES. ETC. Art. 6252-17 TItle llGA identified the section or sections under this Act authorizing the holding of such closed or executive session. (b) In this Act, the Legislature is exercising its rule-making powere to prohibit secret meetings of the Legislature, its committees, or 1liiY other bodies associated with the Legislature, except as otherwise speeifica.lly permitted by the Constitution. (c) A governmental body may excinde 1liiY wituess or witneesee from a bearing during examination of another witness in the matter being inveetigated. (d) Nothing in this Act sball be construed to affect the deb1>eration of grand juries. (e) Private consultations between a governmental body and its attorney are not permitted except in those instances in wbich the bodY seeks the attorney's advice with respect to pending or contemplated litigation, settlement offers, and mattere where the duty of a public body's coUDlleI to his client, pursuant to the Code of Professional Responsibility of the State Bar of Texas, clearly conflicts with.this Act. (f) The public may' be excluded from that portion of a meeting during which a discussion is had with reepect to the purchase, exchange, lease, or value of real property, negotiated contracts for prospective gifts or donations to the state or the governmental body, when such discUllsion would have a detrimental effect on the negotiating position of the governmental body as between such body and a third person, firm Or corporation. (g) Nothing in this Act shall be construed to require governmental bodiss to bold meetings open to the public in cases involving the .appointment, employment, evaluation, reassigmnent, duties, . discipline, or dismizasl of a public officer or employee or to hear complaints or charges against such officer or employee, unless such officer or employee requests a public hearing. (h) Nothing in this Act shall be construed to require school boards to hold meetings open to the public in cases involving discipline of public school children unless an open bearing is requested in writing by a parent or guardian of the child. (i} All or any part of the proceedings in any public meeting of any governmental bodY as defined hereinabove may be recorded by 1liiy person in attendance by means of a tape recorder, video camera, or any other means of sonic or visual reproduction. The governmental body may edopt reasonable rules to maintain order at the meetiog place. These rules may include, but shall not be limited to, a determination of the location of such equipment and the manner in which the recording is conducted; provided, however, that the rules do not have the effect of preventing or unreasonably impairing camera coverage or tape recording. (J) Nothing in this Act shall be construed to require governing bodies to deliberate in open meetings regarding the deployment, or speeific occasions for implementation, of security personnel or devicee. (1<) Nothing in this Act shall be construed to allow a closed meeting of a governing body where such closed meeting is prohibited, or where Open meetings are required, by charter. (I) Wbenever any deliberations or any portion of a meeting are closed to the public as permitted by this Act, no final action, decision, or vote with regard in any matter considered in the closed meeting shall he made except in a meeting which is open to the public and in compliance with the requirements of Section 3A of this Act. (m) Nothing in this Act, shall he construed to require school boards operating under consultation agreements provided for by Section 13.901 of the Texas Education Code to deh1>erate in open meetings regarding the standards, guidelines, terms, Or conditions it will follow or instruct its representativee to follow, in consultation with representatives of employee groups. (n) Nothing in this Act shall be coostrued to require an agency wholly financed by Federal funds to deliberate in open meetings. (0) Nothing in this Act shall be construed to require medical boards or medical committeea to hold meetings open to the public in cases where the individual medieallllld psychiatric records of an applicant for a disability benefit from a public retirement system are being considered. 297 Art •. 6252-17 PUBLIC OFFICES, ETC.. PUBLIC OFFICES, ET ; ITltl. llOA" TllItive office of 'e on a bulletin III subdivision. , 'section, shalI .ive office. and r. counties in ;;nen post the In the county ! the general the meeting. mt., or officer n Commission )sted by the , In ease of the notice, it ·nvened. Any eatings by a ,otice taking ,dy. Cases of nubHc health .tion by the with notice I added to 'the "'lergency or . expressed. .the agenda eting. it shall hp. meeting is ineeting or ,St therefor arters of the i::l requesting 'ernmentaj PUBLIC OFFICES. ETC. Art. 6252-17 Tille 110A body in providing such special· notice. The notice provisions for legislative committee meetings shall be as provided by the rules of the house and senate. S... SA ameodod by Acts urn. 62nd Leg.. p. 1789. cl!. 52'1, § 1. eff. JllDe 1. 1971; Acts 1973. 63rd Leg•• p. 47. cl!. 31. § 8. eff. J81l. 1. 1974; See. SA••ub.... (h) amended by Aeta 1975. 64th Leg., p. 968. ell. 567. § 1. eff. Sept. 1.1975;' See. SA, Sllbaee. (0) amended by Acts 1977. 65th Leg•• P. 1674. cl!. 659, § 1. eff. Allg. 29, 1977; See. SA, subaee. (e) amended bY Acts 1981. 67th Leg•• p. 2231, eo. 529. § 1. eff. Sept. 1. 1981; See. SAla). (h) amended by Aeta 1967. 70th Leg.• co. 549. § 5. eff. Aug. 31. 1967; See. SA(h) amended by Acts 1989. 710t Leg.• 2nd e.s.• co. 1. § 15.34. eff. Jan. 1. 1891. Record of open m..llnga Sec. aB. A governmental body shall prepare and retain minutes or make a tape recording of eaeh of its open meetings. The mmutes shall state the aubjeet.m&tter of each deliberation and shall indicate each vote. order, decision, or other action taken by the governmental body. The .minutes or tapes prepared under this section are .pllblk records and shall be made available for public inspection and copying on request to the chief administrative officer of the governmental body or to any other officis.l designated by the chief administrative offreer. See. 8B edded by Acts 1987. 70th Leg •• eo. 549. § 4, eff. Aug. 81. 1967. VlotaIIonl and penalties Sec. 4. (a) Any member of a governing body who knowingly calls or aids in calling or organizing a special or called meeting or session which is closed to the public. or who knowingly closes or aids in closing a regular meeting or session to the public. or 'who knowingly participates in a regniar. special. or called meeting or session which is closed to the public where a closed meeting is not pennitted by the provisions of this .Act, shall be gnuty of a misdemeanor and on conviction is punishable by a fine of not less than. $100 nor more than $500 or imprisonment in the county jail for not less than one month nor more than six months. or both. (b) Any member or group of members Of a governing body who knowingly conspires to circumvent the provisions of of this Act by meeting in numbers less than a quorum for the purpose of secret deliberations in contravention of this Act shall be gniity of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $500 or imprisonment in the county jail for not less than one month nOr more than six months or both. Sec. 4 smended by Acts 1973. 63rd Leg., p. 48. ch. 31. § 4. eff. Jan. 1. 1974; Sec. 4(a). (h) ameoded by Acts 1987. 70th Leg.• ch. 549, § 6. eft. Allg. 81. 1987. Senate Concurrent Resolution No. 83 (1969) WHEREAS, Senate Bill No. 2110 [Acts 19119, 111stLeg•• p. 8'14. ck. 22'1J has paJJ8ed the H0U8e and the Senate: and WHEREAS, Senate Bill No. 2110 W08 amended to delete provisi01l8 in the p1Vlmt open meetings law stating that "Nothing in this Act shall be construM. to prevent a governing body from consulting with its attorney '; and WHEREAS. The privileged nature 0/communications between attorney and client are recognized by the common law, by Article 311.10, Code 0/Criminal Procedure o/Teas, 19115. and by the rules 0/the Slate Bar 0/Tezas: and . WHEREAS, It was the intent 0/the legislature, in repealing the quoted porti;m 0/Section 2, Chapter 2'11, Acts 0/the 60th Legislature. Regular S-wn., 196'1 (Article 11252-17. Vernon iI Teas Civil Slatul.e8). the open meet-· ing8 law, to eliminate' from that law surplus matter already C01IIWed elsewhere in the law,' now. there/ore, be it RESOL VED by the Senate 0/the State 0/T8ZlUI. the House 0/Representati_ com:urring. That the legislature declare that it did not intend, in plJ#ing Se114te Bill No. 2110, to abridge or in any way aj'f6ct the privileged nature 0/communications between attorney and client 301 1 1 1 1 4 1 1 1 1 1 1 1 1 IV. CHAPTER 171. STATE CONFLICT OF INTEREST LAW CHAPTER 171. REGULATION OF CONFLICTS OF INTEREST OF OFFICERS OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS § 171.001. Definitions In this chapter: (1) '"Local public official'" means a member of the governing body or another officer, whether elected. appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct. central appraisal district, transit authority or district, or other local governmental entity who exercises responsibilities beyond those that are advisory in nature. (2) "Business entity" means a sole proprietorship, partnership. firm. corporation, holding company, joint-stock company, receivership. trust, or any other entity recognized by law. §171.002. Substantial Interest in Business Entity (a) For purposes of this chapter, a person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the bus iness entity or owns either 10 percent or more or $5,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. (b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. (c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Article 5996h, Revised Statutes, has a substantial interest under this section. 0683./1 § 171.0025. Application of Chapter Education Authority to Member of Higher higher This chaeducation pter does authority not apply to created under a board Chapter member of a 53, Education Code, unless a vote, act, or other participation by the board member in the affairs of the higher education authority would provide a financial benefit to a financial institution, school, college, or university that is: (1) a source of income to the board member; or (2) a business entity in which the board member has an interest distinguishable from a financial benefit available to any other similar financial institution or other school, college, or university whose students are eligible for a student loan available under Chapter 53, Education Code. § 171.003. Prohibited Acts; Penalty (a) A local public official commits an offense if the official knowingly: (1) violates Section 171.004; (2) acts as surety for a business entity that has work, business, or a contract with the governmental entity; or (3) acts as surety on any official bond required of an officer of the governmental entity. (b) An offense under this section is a Class A misdemeanor. § 171.004. Affidavit and Abstention From Voting Required (a) If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if: (l) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or 0683X/2 (2) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. (b) The affidavit must be filed with the official record keeper of the governmental entity. (c) If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action. § 171.005. Voting on Budget (a) The governing body of a governmental entity shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the governing body has a substantial interest. (b) Except as provided by Section l71.004(c), the affected member may not participate in that separate vote. The member may vote on a final budget if: (I) the member has complied with this chapter; and (2) the matter in which the member is concerned has been resolved. § 171.006. Effect of Violation of Chapter The finding by a court of a violation under this chapter does not render an action of the governing body voidable unless the measure that was the subject of an action involving a conflict of interest would not have passed the governing body without the vote of the person who violated the chapter. § 171.007. Conunon Law Preempted; CUmulative of Municipal Provisions (a) This chapter preempts the common law of conflict of interests as applied to local public officials. 0683x/3 (b) This chapter is cumulative of municipal charter provisions and municipal ordinances defining and prohibiting conflicts of interests. § 171.008. Renumbered as § 171.006 by Acts 1989, 7lst Leg., ch. 1, § 40(a), aff. August 28, 1989 § 171.009. Service on Board of Corporation for no Compensation It shall be lawful for a local public official to serve as a member of the board of directors of private, nonprofit corporations when such officials receive no compensation or other remuneration from the nonprofit corporation or other nonprofit entity. 0683x/4 5 V. ADDISON CITY CHARTER PROVISIONS A § 6.1l ADDISON CODE nearly as possible the cost of any service furnished to or rendered by any such utility to any other City or governmental department. The Council shall annually cause to be made by a certified public accountant, and shall publish, a report showing the f"mancial condition of siad public utility and the financial results of such City ownership and operation, giving the information specified in this section and such additional data as the Council shall deem expedient. Section 6.12. Regulations ot rates and services. The City Council shall have full power, after due notice and hearing, to regulate by Ordinance the rates and service of every public utility operating in the Town of Addison. Section 6.13. Rate changes. No person or corporation enjoying any franchise to operate a public utility within the Town of Addison shall ever make any charge or fix any rate for public service to its patrons or the inhabitants of the Town of Addison without first being authorized by the City Council of the City by an Ordinance or order approving the same, and no public utility shall contest any rate or charge or order fixed by the City Council of the City under the authority otherwise conferred in the Charter of the City in any suit or cause of action in any court until after such utility has filed a motion for a rehearing with the City Council of the City specifically setting out the grounds of complaint against any such order or Ordinance fixing any rate or charge and until the City Council of the City shall have passed uP,On the said motion for rehearing. ARTICLE VII. MUNICIPAL PLANNING AND ZONING SectiOn 7.01. Platting of Property. Hereafter. every owner of any tract of land situated within the corporate limits of the Town of Addison. Texlls. who 32 to or ty or cause shall f siad City jiedini shall notice ,ervice In. :e to shall to its rhout iyan mblic "( t.he :WIse lire of otion bally'roer City tion CHARTER § '1.04 may divide the same in two (2) or more parts for the purpose of laying out any subdivision or any addition to the City. or seeks to have issued a building permit to construct any improvement on such land. shall comply with the provisions of Article 974a of the Revised Civil Statutes of the State of Texas of 1925. as now or hereafter amended. [which] is hereby adopted and incorporated herein for all purposes. Slate law r.f.rence-Platting and recording 8ubdioioioDB or additiooa, V.T.e,s., Art. 97.u. Section 7.02. Development ofproperty. The City Council shall cooperate in every manner p086ible with persons interested in the development of property within, or beyond, the City limits. No expenditure of public funds, however. shall be authorized for the development of privately owned subdivisions. situated within or beyond the corporate limits of the City; except, (where feasible for the City) for the extension of utilities or services to such areas. Section 7.03. Master plan. a. The official master plan of the City shall be u,sed as a guide by the City Council and the City Planning and Zoning Commission for development of the City with respect to land use. thoroughfares and streets, buffer zones, parks, and other matters affecting development. b. The master plan may be amended by majority vote of the whole Council, and such amendments as are read into the master plan shall be entered therein and shall become part thereof and of the official records of the City, Section 7.04. Planning and zoning commission. The City Council shall have the power and authority to appoint a City Planning Commission, in accordance with the General Laws of the State of Texas. as provided for in Articles 1011 a through 1011(1) of the Revised Civil Statutes of the State of Texas (Title 28, Chapter 4) as now. or hereafter. amended; and the City Council and Town of Addison shall have all of the rights. privileges. powers, and Supp. No. 21 33 -§ 7.04 ADDISON CODE authority, given, permitted and granted under the laws of the State of TeIaS, relative to zoning and planning in, for, and of, municipalities, and their environs. Such commission may also be designated and referred to as the "City Zoning Commission." The present City Zoning Commission of the Town of Addison may continue to serve, (or, may be specially designated by the City Council, as the City Planning. 􀁃􀁯􀁾􀁭􀁩􀁳􀁳􀁩􀁯􀁮􀀠or City Planning and Zoning Commission, an.d shall, in such event, thereafter serve under such new title).s,.,.. 􀁉􀁾􀀧􀀻􀀠refereDce-Zoning, V.T.e.s., ArL 10lla et seq. . '.! ..,. : ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. Election. The regular City election shall be held on the first Saturday in May of each year or on such day established by state law, at which time. officers will be elected to fill those offices which become vacant that year. The Council shall fix the hour and place for holding such elections. The Council, may, by Resolution, order a a special election, fix the time and place for holding same and provide all means for holding such opecial election. (Ord. No. 088-032, § 1, Prop. 7, 7·12-88, election 8·13·88) Section 8.02. Regulation of elections. The Council shall make all regulations considered to be necessary or desirable which are not inconaistent with this Charter or the laws of the State of TeIaS, for the conduct of municipal elections, for the prevention of fraud, and shall make provisions for recount of the ballots in case of doubt or fraud. The Council will appoint election officials who will conduct the municipal elections consistent with this Charter, regulations. made by the Council, or the laws of the State of Texas. S'ate law refereace-Of'ficen of election, V.T.e.8. Election Code. ArL 3.01e'·seq. Supp. Nt), 21 34 8 ilM9 ADDISON CODE of any technical defects in the recall petition, be deemed removed from office, and the vacancy [shall] be filled as vacancies in the Council are filled, as provided in this Charter. Section 10.10. Recall, restrictions thereon. No recall petition shall be filed against any officer of the .'". City within three (3) months after his election, nor within three (3) months after an election for such officer's recalL Section IO.H. Failure of the Council to cal! an election. In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the recall petition. or order such recall election, or discharge any other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then the county judge of Dallas County, Texas, shall discharge an ;f such duties herein provided to be discharged by th" person performing the duties of City Secretary or by the Council. ARTICLE XI. MISCELLANEOUS PROVISIONS Section 1l.01. No officer or employee to accept gift, etc. No officer or employee of the Town of Addison shall ever ac· cept, directly or indirectly, any gift, favor, privilege or employ· ment from any public utility corporation, or other company, con· tractor or individual which currently has a grant, franchise, or contract with said City during the term of office of such officer. or during such employment of such employee. except as authorized by law or ordinance. Any officer or employee of the City who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by Ordinance for this offense, and forthwith be reo moved from office. (Ord. No. 088·032, § 1, Prop. 9, 7·12·88, elec· tion 8·13·88) Supp. No. 21 46 e, ciar Ci of off Or 9XJ: wit vol, 􀁴􀁨􀁩􀁾􀀠by. 8·U Sec Tl ofit. Com proV'l empl SUch to pr. Stat ""I.; 'I Securit Secti. Sale restric. betwee way of describ. Cor Line: Louis supp. No. c 1 ,y-.r or ed 0 a be ,. c· \ ,\ CHARTER § 11.04 Section 1l.OZ. Officers or employees ofthe City not to have financial interest in any contracts ofthe City. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or be finan· cially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any knowing or willful violation of this section shall constitute IlUllfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the City Council of the City shall render the contract in· volved voidable by the City Council. The restrictions contained in this section shall be cumulative of those required and provided by state law. (Ord. No. 088·032, § I, Prop. 9, 7-12.88, election 8-13-88) Section 11.03. Retirement system and 8Ocialsecurit--1Jl'0up insurance. The Council shall have the power to provide for coverage ofits appointed officers and employees under the Workmen's Compensation, Retirement and Socilll Security'systems provided by laws of the State of TexlIS for such officers and employees, of the City; and for group insurance coverage of such officers and employees, with the Council having power to provide for the payment of all or any part of the cost. Slate law retereaeea-Workera' compenaation. V.T.e.S.• Art. 8307 et ""'I.; T_ Municipal Retire ....... t Syotem. V.T.C.S .• Art. 6243h; Social Security fot municipal 􀁟􀁰􀁬􀁾􀀮V.T_C.S.• Art. 695g. Section 11.04. Restriction ot sale of alcoholic bevera.es. Sale of alcoholic beverages for off-premises consumption is hereby restricted and limited to the existing west side of Inwood Road between the southern corporate. limits and the southern right-ofway of Belt Line Road and such area being more specifically described as follows: Commencing at a point on the south right-of-way of Belt Line Road (a 100·foot RO.W.) and the west right-of-way of St. Louis Southwestern Railway Company (a 100-foot RO.W.l; Supp. No. 21 47 6 VI. ADDISON ZONING ORDINANCE PROVISIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I :1 ARTICLE VIII-A PLANNED DEVELOPMENT DISTRICT Section 1. PURPOSE OF DISTRICT The purpose of this district is to encourage better development in the City by allowing more flexibility in the planning and development of projp.cts. Variable combinations of land use units such as industrial parks, office or commercial districts, mixed or uniform residential development, or other appropriate combination of uses will be allowed if developed and operated as integral land use units by a single owner or combination of owners. It is the policy of the City that the developer shall inventory site conditions and environs, both natural and man-made. and shall provide appropriate protection of these elements prior to approval of the Planned Development District. The district is further designed to allow the City Council greater control over the development of areas adjacent to residential districts. Section 2. APPLICATION An application for a Planned Development District may be made to the City Planning Commission in the same manner that an application for any amendment to the zoning ordinance is made. In addition to the requirements outlined in Section 4 and 5., 􀀢􀁴􀁴􀁵􀁾􀀠i Planning and Zoning Commission or the City Council may require, " f additional"inrormation "or 'special plans related to specific .' • elements of' the Planned'Development District. l Section 3. USES PERMITTED A Planned Development District may be approved for any use or combination of uses allowed under the zoning ordinance including special use permits. The uses permitted in any specificPlanned Development District shall be enumerated in the ordinance establishing such districts. Section 4. DEVELOPMENT SCHEDULE 1. An application for a Planned Development'Districtshall. if the applicant desires or the Planningand Zoning Commission or City Council requires. Pf!,j 􀁾􀁾􀀮􀁣􀀻􀁧􀀡􀀡􀀡􀁰􀀬􀁡􀀺􀁰􀀮􀀺􀁩􀁥􀀴􀀮􀀬􀀹􀁹􀀠􀁟􀁡􀀬􀀢􀀬􀁾􀁥􀁶􀁥􀁾􀁊􀀺􀁬􀀧􀁐􀀮􀀱􀁬􀀱􀁥􀁮􀁾􀀮􀁳􀁣􀀩􀀺􀀱􀁥􀁤􀁵􀁬􀁥􀀠indicating, 1/􀁥􀀡􀁬􀁥􀁟􀁾􀁰􀀮􀀮􀁲􀀬􀁾􀁅􀀿􀀻􀁪􀀬􀁾􀁴􀁥􀁤􀁊􀁬􀁩􀀺􀀴􀀡􀀠on rJh;c:h cpnstruction is 􀀢􀁟􀀺􀀺􀁾􀀬􀀺􀀠􀁾􀁐􀁉􀀡􀁊􀀺􀀺􀀻􀁾􀁡􀀢􀀧􀁾􀁻􀁲􀀮􀁾􀀡􀀡􀁧􀁪􀀮􀁮􀁡􀁮􀁤􀁴􀁨􀁥􀀠Fate of anticipated J developmetft to completion.; The developmentschedule, if adopted and approved by the CityCouncil, shall become part of the development planand shall be adhered to by the owner, developerand his successor in interest. The City Council, in the ordinance approving the development schedule, may authorize the Planning and Zoning Commission to extend the development schedule or adopt a new development schedule without additional public 􀁨􀁥􀁡􀁲􀁩􀁾􀁾􀁬􀀺􀀠 l 2. , 3. 4. j i, , ,. • Section 5. 1. I I, I, • I I Annually, where a development schedule has been required, the Building Official shall report to the City Council the actual development accomplished in the various Planned Development Districts as compared with the development schedules. The Planning and Zoning Commission may,: if in its opinion the owner or owners of the property are failing or have failed to meet the approvedschedule, initiate. proceedings to rezone the,. Planned Development District by removing all oi'_ pa,r!= .oJ 􀀺􀀬􀁴􀁨􀁥􀁐􀁬􀁡􀁴􀁭􀁬􀀡􀁾􀁥􀁶 􀀡􀁾􀁯􀁰􀁬􀁬􀁬􀀬􀁥􀁴􀀡􀁾􀀮􀀡􀀾􀁩􀁳􀁴􀁲􀁩􀁣􀁴􀀠from the j 􀁚􀁾􀁲􀁩􀁩􀁮􀀮􀁧􀀠􀁄􀀡􀁳􀁴􀁲􀁩􀁣􀀮􀁴􀀺􀁊􀁾􀁥􀀮􀀠􀁾􀁮􀁡􀀠􀁲􀁥􀁣􀁾􀁮􀁡􀁩􀁮􀁧􀀠that the.􀁡􀁲􀁥􀁡􀁾􀀺􀀠iHvolved,e placeij f'n another appropriate 􀁺􀁯􀁮􀁾􀁮􀁧dfstrict. : This recommendation shall be passed to the City Council as are other amendments to the Zoning Ordinance. The owner or owners may, at any time, apply to the Planning and Zoning Commission for an extension of the development schedule. Such application shall be acted upon by the Planning and Zoning Commission and if the ordinance setting out the development schedule gives the authority to the Planningand Zoning Commission to extend the developmenttime, the action of the Planning and Zoning Commission making the extension shall be final. In the event the Planning and Zoning Commission denies the extension, the owner or owners of the property shall have a right of appeal to the CityCouncil and the rules for the amendment of the Zoning Ordinance shall apply and govern the handling of the appeal. PROCEDURE FOR APPROVAL OF DEVELOPMENT PLAN An applicant for development of an area included under a Planned Development District, or one seeking to have an area designated as such a , district, .􀀮􀀡􀀡􀀡􀁙􀀭􀀡􀀡􀁅􀀮􀀮􀀮􀀮􀀡􀀡􀀡􀁢􀁾􀀻􀀢a 􀀭􀁊􀀺􀀾􀀬􀀮􀁾􀁹􀀮􀁥􀁬􀁧􀁰􀁭􀁥􀁮􀁴__f'Jan ,w.hich',shall become part of the aplending ordinance. ,: Changes in the Development Plan shall be consi-' dered the same as changes in the Zoning District Map and shall be processed as required by the Zoning Ordinance; except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site or does not significantlyalter the landscape plans or signage as indicated on the approved development plan may be authorized by the zoning administrator. Any applicant mayappeal the decision of the zoning administrator to the Planning and Zoning Commission for review and deCision as to whether an 􀁡􀁭􀁥􀁮􀁤􀁭􀁥􀁮􀁾􀀠to the P+annedDeveLopmenc District ordinance snail be 􀁲􀁥􀁱􀁵􀁾􀁲􀁥􀁤􀀮􀀠-35 J 2. The Development plan shall include:.,I (a) A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and analysis of planned changes in such natural features as a result of the development. This should include a delineation of anyj flood prone areas. (b) A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and descriptionof existing and proposed utility services, including size of water and sewer mains; the location and width of all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five (5)feet.i (c) A site plan for proposed building complexesI showing the location of separate buildingsand the minimum distance between buildings,and between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (d) A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. (e) An architectural plan showing elevations and signage style to be u.sed throughout the 􀁤􀁥􀁶􀁾􀁬􀁯􀁰􀁭􀁥􀁮􀁴􀀠on commercial buildings. Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the Zoning Administrator and the Building Offi􀀢􀁾􀀻􀀬􀀬􀁾􀁾􀁾􀀠. A legal instrument establishing a plan for permanent care and maintenance of any common area or communally-owned facility must be submitted before the Development Plan will be approved. All such instruments shall be approved by the City Attorney as to legalform, and by the City Council as to suitability for the proposed use of the common area. --36 Section 6. COORDINATION WITH 􀁾􀁕􀁂􀁄􀁉􀁖􀁉􀁓􀁉􀁏􀁎􀀠REGULATION ORDINANCE 1. Processing under the Subdivision Ordinance shall be carried out simultaneously with the review of I the Development Plan under this section. 2. The Development Plan submitted under Section 5 I shall be accompanied by a preliminary plat which meets the requirements of the Subdivision Ordinance. The preliminary plat shall be reviewed and approved by the Planning and Zoning Commission , prior to the granting of any building permits. 3. Every Planned Development District approved under i the provisions of this ordinance shall be considered as an amendment to' the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development I District, the. development conditions and the development schedule, if required, shall.be."c<,J 􀁣􀁾􀁟􀀡􀁩􀁾􀀮􀁾􀁴􀁨􀀠􀁡􀁾􀁤􀀭􀀮􀀺􀁳􀁵􀁣􀁨􀀬􀁾􀀡􀀺􀀺􀁣􀁭􀀴􀀱􀀮􀁪􀀺􀀻􀀮􀁩􀀮􀁯􀁮􀁳􀀠as.are 􀁳􀁰􀀬􀁥􀁣􀁾􀁾􀁤I ro,l:: 􀁾􀁾􀀬􀀠􀁾􀁨􀁶􀁥􀁬􀁏􀁬􀁴􀁭􀁴􀁥􀁮􀁴􀁴􀁩􀀬􀀹􀁃􀁾􀁾􀁾􀁲􀁊􀁊􀀮􀀮􀀴􀁾􀁤􀁥􀁤􀀬􀀠􀁄􀁥􀁶􀁥􀁬􀁤􀁯􀁰􀁭􀁥􀁮􀁴􀀮􀀬􀁟􀀬􀁾D!str:>.ct s al not e const:tUe as con it1.ons ...j 􀁾􀁲􀁥􀁣􀁾􀁾􀁾􀁴􀀧􀀮􀁾􀁾􀁴􀁯the 􀀧􀁡􀁰􀁰􀁲􀁩􀀺􀁩􀀡􀁾􀁾􀁅􀀻􀀺􀀻􀁾􀁾􀁥􀀠.zOning amendmlmt, . J OUt .snaIl be construed as conditions precedent to i 􀁩􀀺􀁮􀁥􀀧􀀢􀁧􀁲􀁩􀁩􀁩􀁴􀁩􀁮􀁾􀁦􀁯􀁦􀀠a: Certificate of Occupancy.·· ! i ; i i i. I -37J B I ARTICLE XVI UNPLATTED PROPERTY I The City Planning and Zoning Commission shall not approve any final plat of any subdivision within the city limits of the city until the area covered by the proposed plat shall have been permanently zoned by the City Council. The City Planning and Zoning Commission of the City shall I I not approve any final plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City is pending before the City Council. In the event that the City Planning and Zoning Commission holds a hearing on proposed annexation. it may, at its disI cretion, at the same time hold a hearing upon the permanentzoning that is to be given to the area or tract to be annexed. and make a recommendation on both matters to the City Council so that the City Council can, if it desires. act on the matter ofI ! permanent zoning and annexation at the same time. J ARTICLE XVII PERMITS AND CERTIFICATES " Section 1. CERTIFICATE OF OCCUPANCY AND COMPLIANCE, , A. No building hereafter erected or strtlcturallyaltered shall be used. occupied or changed in use until a certificate of occupancy and compliance , shall have been issued by the Building Inspectorstating that the building or proposed use of a building or premises complies with the buildinglaws and the prOVisions of these regulations. • B. Certificates of occupancy and compliance shall be applied for co-incident with the application for building permit and shall be issued within ten• (10) days after the erection or structural alteration of such building shall have been completed inl conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building InspecI tor and copies shall be furnished on request to any person having a propriety or tenancy interest in the building affected. I C. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance. -" 76 j c j j j j j j j j j j j j j I : ARTICLE XX CHANGES AND AMENDMENTS , Section 1. The governing body may from time to time amend, supplement. or change by ordinance the boundaries of the districts or the regulationsherein established. it Section Z. Before taking action on any such proposed amendment. supplement or change. the governing body shall submit the same to the CityPlanning and Zoning Commission for its recommendation and report. 1 Section 3. A public hearing shall be held by the Governing Body before adopting any proposed amendment. supplement or change. Notice of such hearing shall be given. by publication one (1) time in the official newspaper of the City or a paper of general circulation in the City.stating the time and place of such hearing. which time shall not be earlier than fifteen (15) days from the first date of publication. Section 4. (a) If a written protest against such proposed amendment. supplement or change has been filed with the CitySecretary, duly signed by the owners of twenty percent(ZOt) or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same extending two hundred feet (ZOO) therefrom, such amendment shall not become effective except by the favorable vote of three fourths (3/4) of all the Governing Body. (b) Where there 􀁩􀁾􀁮􀁯􀁴􀀠a written protest against such a proposed amendment, supplement or change; and the decision of the Planning and Zoning Commission is ,for denial, a three fourths (3/4) vote of all of the goveningJf6d'f snil1be required to overrule the deciSion of Planning'and-Zoning Commission. I' "" -78 I Section 5. I The official zoning map of the City shall be kept in the office of the City Secretary, and all changes in district boundaries shall be noted thereon immediately after approval by theI' governing body of the City. Section 6.I Each application for permanent zoning or for an amendment or change to the existing provisions of this zoning ordinance shall be made in writing on a form suitable to the BuildingI Inspection Department and shall be filed with the Building .~ 'j Inspection Department with the appropriate fee to be charged to the City of Addison, Texas, for administration of the zoning application. The fee for one (1) lot to one (1) acre shall be one hundred and fifty dollars <$150.00), the fee for one and one-tenth (1.1) acres to five (5) acres shall be three hundred dollars ($300.00) and the fee for more than five (5) acres shall be five hundred dollars ($500.00). The fee for any special use request shall be four hundred twenty-five dollars ($425.00). If a request is made. the above costs include the first request.Each additional request is twenty five dollars ($25'.00).Section 7. Upon receipt of a written application for permanent zoning or for a change or for an amendment to an exisitng prOVision of this zoning ordinance, a date will be set for public hearingbefore the Planning and Zoning Commission. Notice of such publichearing will be given as required by the General Laws of the State of Texas. Sectiol'!..!:.. The applicant will be required to furnish: (a) Legal description of the property sought to be changed. The legal description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground, if necessary. (b) Five plats showing the area of the requested zone change. (c) Zoning change desired. (d) Reasons for change. (e) Deed restrictions on the propert7. if any. (f) Status of applicant -owner. tenant, or prespective purchaser. -79 f Section 9. I 1 The Planning and Zoning Commission may establish such regulations and restrictions regarding the presentation of a zoning case at the public hearing as they may deem necessary. Section 10. 1 When an application is denied by the Planning and Zoning , Commission, the Planning and Zoning Commission should offer reasons to the applicant for such denial.1 Section 11. ,t , After a public hearing before the Planning and Zoning Commission, the Planning and Zoning Coordinator shall notify the City Secretary and the City Council of any action taken by the Planning and Zoning Commission on the application, and if the i application be approved by the Planning and Zoning Commission. the City Secretary shall automatically schedule a public hearingregarding said application to be held before the City Council•. giving notice as required by the General Laws of the State of Texas. , Section 12. t After a public hearing is held before the City Council regarding the zoning application, the City Council shall either approve or deny said application, and if said application be approved, an appropriate ordinance shall be prepared for execution by the Mayor. Section 13. The City Council may deny said application with or without prejudice. If the City Council shall deny the application and fail to clearly state that the same as being denied without prejudice. then it shall be deemed that said application is denied with prejudice against refiling. Section 14. * 􀁍􀀢􀀮􀀮􀀡􀁩􀁊􀀻􀀴􀀮� �􀁌􀀮􀁾􀁬􀀧􀀡􀁰􀁬􀁩􀁣􀁡􀁴􀁩􀁯􀁮􀀠be. denied by. the Planning at;d Zoning. , 􀁃􀁯􀁭􀁭􀁩􀁳􀁳􀁾􀀹􀁬􀁬􀀮􀀺􀀢􀀬􀀻􀀬􀁬􀀱􀁴􀁬􀁥􀀮􀀬􀁡􀁰􀁰􀁬􀁩􀁣􀁡􀁮􀁴􀀠milY.• upon his own motion;-f1.le 􀁷􀁩􀁴􀁨􀁴􀁾􀁥􀀠 City 􀁓􀁥􀁣􀀮􀁾􀀮􀁥􀀮􀁴􀁾􀁲􀁹􀀬􀀠on a form suitabIe· to' the City Secretary, a .. ',,, 􀁾􀁩􀁾􀁴􀁥􀁉􀀧􀀱􀁾􀀢􀁴􀀻􀁾􀀡􀁬􀁵􀁥􀁳􀁴􀀬..tllat 􀁾􀀮􀀠public. hearing be scheduled. and held, ,-:" before the" 􀁾􀁴􀀮􀁹􀁾􀁃􀀧􀁯􀁵􀁮􀁣􀁬􀀮􀁌􀀠regarding the said application to be...held" b'e£oretnif''Ci'ty Council, giving nOl:ice as required by the General Laws of "tne "Sf:al:e"of Texas. J I. I L I -80 , I, ; I I I r Section IS. If an l'ITlpliclltion is denied with prejudice agai,nsr refiling, the 􀁡􀁰􀁰􀁬􀁩􀁣􀁡􀁾􀁴􀀠may not refile the same 'zoning application for a period,of one (1) vear from the date of filing ttoe original: appli.cati.on.' 'Rowever, 11 revised zoning 􀁡􀁰􀁰􀁬􀁩􀀮􀁣􀁡􀁴􀁩􀁯􀁾􀀠mAy be filerl before the eXpirl1tion of one (1) year, and in such event, the ' ,< City Council shall be charged with the responsibility of det.er-. mining whether or'not a sufficient change has peen made in the 􀁾􀁯􀁮􀁩􀁮􀁧􀀠Application so that the one (1) vepr waiting period may be waived." Section 16. The Plannin!,; and Zoning Commission shall consi,st of seven (7) members. each to ,be appointed by a majority of the Citv Council for a term of two (2) years and removl1ble for cause by the City Council. Vacancies shall be filled bv the appointment by the City Council of a 􀁾􀁵􀁩􀁴􀁡􀁢􀁬􀁥􀀠person to serve a term of two (?) years. Memhers may be reappointed. Section 17. 􀁾􀁥􀁭􀁢􀁥􀁲􀁳􀀠of the Commission-shall serve serve without compensation except they shl'tll be entitled to reimbursement 0" expens"ll in the, amount of Fiftv and no/lOO Dollars ($;0.00) for each meeting atrended. ' Section II!. The Commission shl'tll hold an organizational meeting ';n Jl1nuary of each yeAr and shall elect a Chairman and Vice-Chairman from among its members before proceedin!'; to any other matters of husiness. The Commission shall elect a secretary And such other officers as it deemr. necessary either from its mpmbership or from staff representatives assip,ned by the r.ity Manager of the City or work with the Commission. The Commission shall meet regularly and shll.ll desi2nM:e the time I3.nd place of its me.etings. Thp. , Commission and the.. Chairman Are hf!reby authC1l;-i7.ed to adopt il:s • own rules. of_.p;:o.cedure, and., other rules aTld'􀀡􀀢􀁥􀁾􀁾􀁝􀁡􀁴􀁩� �􀁯􀁔􀁬􀁳􀀠to 'keep 1'1 'Irecord of its proce'HiinP:!!lc:on.sistent,with the pro'risions of this " ordinance ;>rid the requirempnt" of lRw. i Section 1. 9'. The PlanniT'1!l "nd ZoninJ!; Commission j,g herp.nv charged with the duty And inv"stpd with the authority to, (a) Tns?"cr. pl"'operty and prpl'lisPI'! at reasonahle> hours '",here 't'p.(!u1.!'ed i.n th'" cli.!'lcharge of its 't'E'sp(>1"!'ihilit1e:;: under the law::. (>f t:h" State 􀁯􀁾􀀠TaxaI'! "nd of. th" r,j,ty. -81 (b) ?ormulate /I.nd recommend to the Citv Council for its adoption a CitV' Plan for the orderly growth and development of 􀁾􀁨􀁥􀀠City' and its environs, and from timp to time recommend such changes in the Plan as it finds will 􀁦􀁾􀁣􀁩􀁬􀁩􀁴􀁡􀁴􀁥􀀠the movement of people and 􀁾􀁯􀁯􀁤􀁳􀀬􀀠and the health, recreation, safety and 􀁾􀁥􀁮􀁰􀀮􀁲􀁡􀁬I welfare of the citizens of thp. City. (c) Formulate a zoning plan as mav be deemed best to carry out the 􀁾􀁯􀁡􀁬􀁳􀀠of the City Plan; hold public 􀁨􀁥􀁡􀁲􀁩􀁮􀁾􀁳􀀠andI make recommendations to the City Council relat:ing to the creation, amendment, and implementation of zoning regulations and districts as provided in Art.i.des lalla to 101lk, RE'vised Civil I I , Statutes of Texas, as amended, authorizing cities and incorporated Villages to pass regulations; all powers granted under said Act are specifically adopted and made a part hereof. (d) Exercise all the powers of a Commission as to,t approval or disapproval of plans, plats or replats and vacations of plans, plats or replats ser out in Article 974a and 970a, Revised Civil Statutes of Texas. , (e) Studv and recommend on the location. extension !'InC! planning of public rights-of-way. park!' (lr other public places, ! and on the vacating or closing of same. , (f) Study and recommend on the ?eneral design !'Ind }t location of public buildings, bridges, viaducts. street fixtures and other structures and appurtenanees. Study and recommend on the design or alteration and on the location or rplocation of " w(lrks or art which arp.. or mav become, the property of the city. (g) Initiate, in the name of the Citv, for consideration at public hearing all proposals: (l) for thp original zoning of annexed areas; and (2) for the change of zoning district h(lundaries on an !'Irea-wide hasis. No fee shall be required for the filing of !'Iny such proposal in the name of tbe City. (h) Formulatp and recommend to the Citv Council for its adoption policies and regulations consistent with the 􀁡􀁾􀁯􀁰􀁴􀁥􀁤􀀠Ci.ty Plan governing the location and/or oper.ation of utilities, public facilities and services owned or under the control of the r:ity. (i) Keep itself informed with rpference to thp. pro2ress of City Planning in the United States rmd other count:ries and rpcommAnd improvements 1.n the adopted pLms of thp city. <:i) Submtt eAch yel'lr a progress rpport to the CityCouncil summarizing its activities, 􀁾􀁡􀁪􀁯􀁲􀀠accomplishmentn for the past year, and a proposed work 􀁰􀁲􀁯􀁾􀁲􀁡􀁭􀀠for the coming vear. The rep(lrt. :;hall contain for tl>e VPl'lr thp I'lttendance record of all. members and the identi tv of Commission officers. «(lrd. 􀀬􀁾􀁏􀁒􀀵􀀭􀀰􀀷􀀮􀀲􀀩􀀠-R1.1 I " Section 10. J All meetinl!; of the C:ommi.ssion shall be open to the pUblic. 􀁔􀁢􀁾􀀠Commission shall 􀁥􀁾􀁴􀁡􀁢􀁬􀁩􀀮􀁳􀁨􀀠the 􀁤􀁡􀁴􀁥􀁾􀀮􀀠􀁴􀁬􀁭􀁾􀀠Rnrl ptRce of meetinl!;s. All proceedinl!;s of the Commission shall be recorded in minutes of meetinl!;s, and such minutes be approved by theI Commission and mAde a mRtter of public record. I -81.2 7 VII. SAMPLE CITY PLAN COMMISSION RULES OF PROCEDURE A CITY PLAN COMMISSION· RULES OF PROCEDURE DEPARTMENT OF PLANNING AND DEVELOPMENT CITY OF DALLAS 1990 • • • • • • • • • • • TABLE OF CONTENTS SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. SECTION 12. APPENDIX A. APPENDIX B. 8701G • INTERPRETATION • • · . . . . · . . . • • 1 DEFINITIONS. • • • • • • • • • · . . .. • • 1 OFFICERS •••••• · . . • • . ., . . • • 2 MOTIONS •••••• · . . . . . . . . . .. 3· . MEETING PROCEDURE. • . . . . . . . . 5 CONDUCT OF MEMBERS .. . . . . 7 EXECUTIVE SESSIONS · . . .. . . . . . 7 AT'l'ENDANCE • • • • .. . . 9 VOTING AND VOTING QUALIFICATIONS • . . . . . • 10 MINDTES ••• • • • . . . . . . ., . . 11 ENFORCEMENT. • • • · . • • • • • • • • • • 12 SUBCOMMITTEES. · . . . · . . • 12 ARTICLE V. CODE OF CONDUCT CPC STATEMENT ON PERSONAL INSPECTION 4/10/90 CITY PLAN COMMISSION RULES OF PROCEDURE SECTION 1. INTERPRETATION. Unless the context clearly indicates otherwise: (1) These rules apply to the City Plan Commission. The City Plan Commission is the zoning commission created by Chapter XV, section 3 of the City of Dallas Charter. The duties of the City Plan Commission (hereafter the "COMMISSION"), are outlined in Chapter XV, section 4 of the City of Dallas Charter and Section 5lA-3.101 of the Dallas Development Code, as amended. (2) Words used in the present tense include the future tense. (3) Words in the singular include the plural, and words in the plural include the singular. (4) These rules apply to all subcommittees of the COMMISSION, except Where the context clearly indicates otherwise. SECTION 2. DEFINITIONS. (1) "BRIEFING" means the scheduled portion gf the COMMISSION'S meeting at which information is given to the COMMISSION ;regarding zgnins 􀀢􀁩􀁩􀁕􀁩􀁾􀁩􀀠􀁾􀁄􀁤􀀠Qtb§l:t: 􀁭􀁩􀁬􀀺􀁴􀀺􀁴􀁉􀁾􀀱􀀠􀁬􀁩􀁩􀀢􀁉􀁕􀁩􀀡􀁧􀁵􀁬􀁾􀁧􀀠fOb: "onside;ration by the COMMISSION. 1 "CITY PLAN COMMISSION" means the main advisory body to the City Council concerning public hearings on zoning or changes in zoning and subdivision plats, amendments to zoning and development ordinances, and other items which affect the growth of the city of Dallas. (2[;ZJ) "COMMISSION" means the CITY PLAN AND ZONING COMMISSION. (.i[J]) "CHAIR" means the presiding officer of the COMMISSION unless the context clearly indicates otherwise. 􀀨􀀮􀀲􀁌􀁾􀁝􀀠) "MEETING" means a reqular, special, or called MEETING of the COMMISSION and 􀁩􀁮􀁣􀁬􀁵􀁾􀁥􀁳􀀠all BRIEFINGS and the OFFICIAL INSPECTION TOUR. (§.[.JJ) "MEMBER" means a duly appointed MEMBER of the COMMISSION. (1.[15]) "OFFICIAL INSPECTION TOUR" means the scheduled site inspection for zoning cases on the COMMISSION's MEETING agenda. SECTION 3. OfFICERS. (1) CRAIR. Ca) The CHAIR, if present, shall preside at all MEETINGS. In the absence of the CHAIR, the Vice-CHAIR shall preside. In the absence of the CHAIR and Vice-CHAIR, the COMMISSION shall elect a temporary CHAIR. If the presiding 􀁯􀁦􀁦􀁾􀁣􀁥􀁲􀀠vacates the ghair during a MEETING. and no council-appointed Vice-CRAIR is present, the pres1dl.ng officer may. subject to the approval of the COMMISSION. appoint a temporary CHAIR. Thg[,tjil] appointment m;;: 2 election of a temporary CHAIR does not survive the MEETING in which it is made. CD) A temporary CHAIR may De removed DY a two-thirds vote of the COMMISSION. If the temporary CHAIR is removed, a new temporary CHAIR must De elected. This election does not survive the MEETING in which it was held. (c) The CHAIR shall rule on points of order and procedures that are brought up in MEETINGS; however, a MEMBER may appeal to the COMMISSION from a ruling of the CHAIR. If the appeal is seconded, the MEMBER making the appeal may briefly explain the reason for the appeal and the CHAIR may briefly explain the ruling: but there shall be no debate on the appeal, and no other MEMBER shall participate in the discussion. The CHAIR shall then put the question "shall the decision of the CHAIR be sustained?" If a majority of the MEMBERS present vote "Aye," the ruling of the CHAIR is sustained; otherwise it is overruled. (d) In debate, the CHAIR shall be referred to by official title and shall be addressed by prefixing Mr. or Madam, as the case may be, to that title. SECTION 4. MOTIONS. (I) Equal right to make motions. All MEMBERS shall have an equal right to make a motion on any matter Defore the COMMISSION. 3 (2) Holding motions. When recognized by the CHAIR, a MEMBER may state a readiness to make a motion. It is the privileqe of the CHAIR, if the CHAIR thinks debate is not ended, to ask the MEMBER to hold the motion. The MEMBER may defer to the CHAIR'S request or make the motion at the MEMBER'S option. If the recognized MEMBER defers to the request, the CHAIR must return to that MEMBER prior to acceptinq a motion from any other MEMBER. (3) Reconsideration. (a) Unless an item is referred back to the COMMISSION by the City council, a motion to reconsider is the exclusive method by which a matter can aqain be brouqht before the COMMISSION after final vote has been taken. A motion to reconsider any action of the COMMISSION can be made not later than the next succeedinq MEETING. Such a motion can only be made by a MEMBER who voted with the prevailinq side. It can be seconded by any MEMBER. No question shall be twice reconsidered, except by unanimous consent of the COMMISSION. (b) In order to reconsider the action in in the same MEETING at which the motion to reconsider is made, the subject matter of the reconsideration must be on the aqenda that is publicly posted in accordance with applicable 􀁬􀁾􀁷􀁳􀀮􀀠If the motion to reconsider is not on the aqenda when made, it must include a date when reconsideration of the previous action is proposed to be placed on the aqenda. 4 (c) Once an action reaches the floor of the City Council, it cannot be changed by the COMMISSION. Once an action can no longer be changed by the COMMISSION, it may not be reconsidered. (d) After a matter has been finally voted on and all possibilities of reconsideration have been exhausted, the matter may not again be brought before the COMMISSION until at least six months from the date it was last voted on. (e) An item referred back to the COMMISSION by the City Council is a new item. SECTION 5. MEETING PROCEptJRE. (1) Items taken in order. The items on the COMMISSION docket must be acted upon in the order in which they appear, unless, upon a majority vote, the COMMISSION finds that: (a) the grouping of certain cases together provides a more expeditious means to handle those cases, (b) the special nature of a particular case indicates that it should be acted upon earlier or later than the other items in the docket: or (c) a hardship is shown. (2) PlaciM an item on the agenda. Any MEMBER may have an item placed on the agenda of the COMMISSION if the request is provided to the city staff by 10:30 a.m. of the Monday 5 directly preceeding the MEETING at which the MEMBER wants the item considered. (3) Calendar. The COMMISSION shall adopt a calendar of MEETING times and events on a regular basis. This calendar should cover no less than a 90-day time period from the date it is adopted. (4) Discussion. Ca) All discussion must be relevant to the issue on the floor for debate, and all discussion must be addressed to the CHAIR and not to individual MEMBERS. (b) No MEMBER shall be allowed to speak more than once upon anyone subject until every other MEMBER choosing to speak thereon shall have spoken, and no MEMBER shall speak more than twice upon anyone subject, nor for a longer time than five minutes, without a majority vote of the COMMISSION. The five-minute limitation includes time expended by the MEMBER on discussion, debate, .iilrul asking 􀁱􀁵􀁥􀁳􀁴􀁩􀁯􀁮􀁳􀁛􀁉􀀯􀁾􀁾􀁾􀀯􀁰􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁓􀀯􀁾􀁾􀁟􀁾􀁟􀁴􀁟􀁝􀀮􀀠(c) A MEMBER, once recognized, shall not be interrupted while speaking unless called to order by the CHAIR, or a point • of order is raised by another MEMBER. If a MEMBER is called to order while speaking, the MEMBER shall cease speaking immediately until the question of order. is determined. If ruled to be in order, the MEMBER shall be permitted to proceed. If ruled to be not in order, the MEMBER shall remain silent or shall alter the remarks so as to comply with rules of the COMMISSION. 6 (5) Intermissions. Intermissions must be taken at regular intervals durinq MEETINGS. The length of the intermission shall be announced by the CHAIR, and MEMBERS must return to their seats in the MEETING r99m promptly at the conclusion of the intermissions. SECTION 6. CONDUCT OF MEMBERS. (1) While in the MEETING room durinq a MEETING, MEMBERS shall comport themselves in a manner consistent with the Code of Conduct (Appendix A), at all times, and each MEMBER shall: (a) not use the telephones in the MEETING room7 (b) refrain from readinq materials not pertinent to business of the COMMISSION; and (c) refrain from any other activity that could possibly divert their attention or that of other MEMBERS from the matters properly before the COMMISSION as a whole. (2) A MEMBER temporarily absent from a MEETING shall return to the MEETING as soon as possible. SECTION 7. EXECUTIVE SESSIONS. (l) The COMMISSION may remove itself from an open MEETING, by movinq to qo into an executive session. Only matters allowed by state state law may be addressed in an executive session. All communication in an executive session is privileqed 7 information. The privilege can only be waived by a MEMBER by formal waiver. MEMBERS are cautioned that discussing the privileged communication with a member of the public, the media, or any other person not privy to the executive session may damage the privilege. The COMMISSION shall not hold an executive session except when it is considering the merits or deficiencies of an individual potential appointee to a subcommittee, discussing complaints about or evaluations of individual staff members, or seeking the advice of its attorney on the following matters: Ca) pending or contemplated litigation; (b) settlement offers; (c) risk of liability of the COMMISSION or individual MEMBERS thereof for taking an action; or Cd) any matter where the duty of the COMMISSION'S counsel to his client, pursuant to the Code of Professional Responsibility of the State Bar of Texas, conflicts with the Open Meetings Law. (2) A motion to go into an executive session must be seconded and requires a majority vote. If the motion passes, the COMMISSION shall follow the following procedure: (a) The CHAIR shall announce that the COMMISSION is going into an executive session. (b) The CHAIR shall announce the time. (c) MEMBERS shall move quickly to the location of the executive session with no discussion among themselves or with members of the public or media. 8 (d) At the end of the executive session, MEMBERS shall return quickly to the MEETING room with no discussion among themselves or with members of the public or media. (e) The CHAIR shall announce the time when the COMMISSION resumes the open MEETING. SECTION 8. ATTENDANCE. (1) All MEMBERS must comply with the attendance rules set forth in Chapter 8, §8-20, §8-20.1, ana §8-21 of the Dallas city Code. (2) A MEMBER who certifies visiting some, but not all of the scheduled sites visited by the official inspection tour, is absent for the purpose of the attendance rules. Attenaance of 􀁛􀁾􀁾􀁾􀁾􀁝􀀠(1) the public hearing. 􀁛􀁟􀁾􀁾􀁝􀀠(2) the briefing. and (3) the official inspection tour or personal inspection of all scheduled sites counts as attendance of a MEETING. (3) A member can certify inspection tour attendance by submitting a personal statement or a personal "Inspection of Sites" form to the COMMISSION Secretary (Appendix B), to become part of the minutes. {4J A MEMBER may not leave a MEETING without acknowledgment by the CHAIR. A MEMBER who leaves a MEETING after the COMMISSION has been dUly called to order and remains absent for the remainder of the MEETING without first obtaining the consent of the CHAIR shall be charged with an unexcused absence for that MEETING. The consent of the CHAIR may be given only in the 9 case of an emergency condition beyond the control of the MEMBER and which requires that the MEMBER leave the MEETING. (5) A MEMBER absent from the MEETING room because of a conflict of interest is not absent for purposes of the attendance rules. SECTION 9. VOTING AND VOTING QUALIFICATIONS. (1) A MEMBER must be physically present in the MEETING room to vote except that, a MEMBER present during the MEETING according to the attendance rUles who does not vote and who is not prevented from voting by a conflict of interest, shall be recorded as having voted in the affirmative. (2) Whenever a vote is taken on a matter before the COMMISSION, at the CHAIR'S request, a city staff member shall callout the votes of each MEMBER of the COMMISSION, whether voting aye or nay, and shall announce the tally, otherwise the CHAIR shall callout the votes. (3) A MEMBER not present on the official inspection tour may vote only on the cases the MEMBER has personally inspected or the cases not visited by the official inspection tour, and then only if the MEMBER has heard all of the evidence concerning them. e4) A MEMBER must attend the BRIEFING tp vote on a matter. !2l Once cast and called out, no vote may be cbanged except through a reconsideration. Votes called out in error must be corrected immediately on the public record. votes registered 10 improperly in the minutes may be corrected by the procedure set forth in section 10. SECTION 10. MINUTES. (1) within five working days of any MEETING, a draft of the minutes from that MEETING must be filed in the office of the city secretary (or the COMMISSION secretary for subcommittees). (2) The draft of the minutes shall be distributed to the COMMISSION not later than its'next official MEETING. (3) Corrections to the minutes may be submitted to the secretary of the COMMISSION at any time up until the second official MEETING after the MEETING at which the draft was distributed. (4) Unless the corrections address changes in the registration of votes or changes in the wording of a motion, the secretary shall incorporate the changes. (5) If corrections address changes in the registration of votes or changes in the wording of a motion, the secretary shall prepare the portion of the official record relied on in the preparation of the draft and present it to the COMMISSION. The COMMISSION shall vote, after hearing the record, whether to accept the correction as submitted, modify the correction or let the minutes stand. (6) The approved minutes shall be filed in the office of the city secretary within five working days of the MEETING at which the minutes were approved. 11 SECTION l.l.. ENFORCEMENT. 􀁛􀀱􀁾􀀱􀁝􀀠 MEMBERS shall be removed from the MEETING for failure to comply with decisions of the CHAIR or continued violations of the rules of the COMMISSION. If the CHAIR fails to act, any MEMBER may move to require the CHAIR to enforce the rules, and the affirmative vote of a majority of the COMMISSION shall require the CHAIR to act. SECTION 12. SUBCOMMITTEES. (1) Standina committees. The standing committees of the COMMISSION are: (a) the environmental quality committee (EQC) 1 (b) the special sign district adyisQry 􀁛􀁰􀁴􀁾􀁴􀁾􀁾􀁾􀂢􀂢� �􀀯􀁴􀂢􀁹􀁪􀂢􀁾􀁝􀀠committee ([JfIIJt9!]): (c) the subdivision review committee (SRC); (d) the transportation committee; and (e) the zoning ordinance advisory committee (ZOAC). (2) Other Subcommittees. SUbcommittees other than standing committees may be appointed from time to time by the COMMISSION. (3) SubCommittee rules. (al All subcommittees shall determine their meeting times. The date, time, and place of each subcommittee meeting must be published in the COMMISSION'S weekly agenda. 12 Cb) The attendance rules set forth in Chapter 8, §8-20, S8-20.1, and §8-21 of the Dallas City Code apply to all subcommittees. Ccl A majority of members present constitutes a quorum of any subcommittee. Cd) Any subcommittee may be discharqed by a two-thirds vote of the entire COHHISSION. (e) Any item may be taken from a subcommittee and considered by the COMMISSION upon a majority vote of the entire COHHISSION. (f) Subcommittees shall undertake the responsibilities outlined in Subsection (5), as well as any other duties as directed by the COMMISSION or the city Council. (q) Actions taken or recommendations made by subcommittees are not bindinq on the COMMISSION, (4) Subcommittee Creation. Membership. and Appointment. Ca) All subcommittees are created and appointments approved by the COHHISSION. Cb) Members of standinq committees, and the Chair of each, are appointed by the CHAIR of the COHHISSION subject to the approval of the COHHISSION. A potential nominee to a standinq committee must fill out the COMMISSION-approved service form and these forms must be furnished to the entire COHHISSION at the time of the nomination. Members of standinq committees must be voted on, if at all, as a qroup and not individually. If no objection is raised 13 within 30 days of the appointments, the appointments are approved for a two-year period that runs concurrently with the terms of the COMMISSION. Any vacant position on a subcommittee must be filled by this process, regardless of when the vacancy arises. [1¢1 􀁾􀁟􀁉􀁉􀁉􀀧􀁾􀁴􀁹􀁴􀁟􀁴􀁾􀁾􀁉􀁉􀁉􀁾􀁹􀁴􀁟􀁾􀁉􀁉􀁉􀁾􀁾􀁴􀁾􀁾__􀁉􀁉􀁉􀀮􀁟􀁾􀁟􀁴􀁟􀁾􀁴􀁰􀁬􀁬􀁬􀀮􀁾􀁟􀁾􀀠􀁴􀁾􀂢􀁾􀁾􀁾􀁟􀁉􀁉􀁾� �􀁉􀁉􀁾___􀁾􀁉􀁉􀁾􀁾􀁟􀁉􀁉􀁾􀁴􀂢􀁾􀁴􀁾􀁟􀂢􀁾􀁬􀁬􀁬􀁬􀁰􀁾􀁟􀁬􀁬􀁬􀁰􀁾􀁾􀁾􀁾􀁾􀀱􀀱􀀱􀀱􀁾􀁾􀁟􀀠􀁳􀁾􀁰􀁾􀁴􀂢􀁉􀁉􀁉􀁉􀁉􀁾__􀁴􀁾􀁟􀁴􀀠􀁾􀁾􀁴􀀮􀁾􀁉􀁉􀁉􀁉􀁉􀁾􀁾􀁾􀁉􀁉􀁉􀁉􀁾􀁾􀁟􀁉􀁉􀁉􀁉􀂢􀁴􀁾􀁴􀁉􀁉􀁉􀁉􀁐􀁾􀁾� �􀀠􀂢􀁾􀁾􀁴__􀁴􀁾􀁾􀁟􀁴􀁬􀁬􀁬􀁬􀁬􀁾􀁾􀁾􀁉􀁉􀁉􀀮􀁟􀁾􀁟􀁴􀀮􀁉􀁉􀁉􀀮􀁾􀁟􀁾􀁉􀁉􀁉􀁾􀁾􀁹􀁟􀁬􀁬􀁬􀁬􀁾􀁰􀁾􀁾􀁟􀁾􀁧􀁟􀁉􀀠􀁾􀁟􀁴􀁴􀁟􀁾􀂢􀁟􀁉􀁉􀁉􀁾􀁴􀁬􀁬􀁴􀁾􀁾􀁟􀁴__􀁾􀁬􀁬􀁴􀁾􀁉􀁉􀁾􀁟􀁬􀁬􀁴􀁴􀁟􀁾􀁾􀀯􀁾􀁴􀁬􀁟􀁴 􀁾􀁾􀁧􀁟􀁉􀁉􀁾􀁾􀀱􀀠􀁾􀁴􀀯􀁾􀁴􀂢􀁾􀁴􀁾􀁟􀂢􀁾􀁾􀁴􀁟􀀱􀀱􀀱􀀱􀁾􀁴􀁟􀀯􀂢􀁰􀁾􀁴􀁾􀁾__􀁬􀁬􀁴􀁾􀂢􀁾􀁾􀁾__􀁉􀁉􀀥􀁾􀁾__􀁬􀁬􀁰􀁟􀁴􀁾􀁰􀁾􀁾􀀠􀁾􀁰􀁰􀁾􀁴􀁾􀀥􀁟􀁾􀁉􀁉􀁉􀀥􀁟􀁉􀁉􀁉􀁾􀁟􀁉􀁉􀁉􀀧􀁐􀁟􀂢􀁴􀁾􀁾􀁉􀁉􀁉􀀧􀁴� �􀁬􀁬􀁬􀁾􀁴􀀮􀀥􀁴􀁴􀂢􀀥􀁉􀁉􀁾􀁾􀁹􀁴􀁾􀁾􀁴􀀱􀀠􀁾􀁾􀁴􀀥􀁾􀁟􀀯􀂢􀁴􀁟􀁾􀁾􀁟􀁾􀀯􀁾􀁴􀁬􀀥􀁾􀁟􀀯􀁾􀁾􀁾􀁾􀁾􀁟􀀯􀁾􀁟􀁹􀁟􀁾􀁾􀁐􀀮􀁟􀁾􀀥􀀯􀁾􀁟􀁾􀁟􀀯􀁝􀀠(5) Standing Subcommittee Powers and Responsibilities. (a) Environmental Quality COmmittee: (1) The Committee shall review and make recommendations to the COMMISSION on environmentally-related projects and other environmental matters. (2) The Committee shall help preserve environmental resources by suggesting actions the COMMISSION can take to protect the environment against destruction and deterioration by urban development activities. (b) Special Sign District 􀁁􀁤􀁹􀁩􀁳􀁯􀁲􀁹􀁛􀁾􀁴􀁾􀁴􀁾􀁾􀁾􀂢􀁟􀀯􀁊􀁟􀁹􀁴􀁟􀁾􀁝􀀠 Committee: 14 5t 􀀻􀁾􀀻􀀯􀁾􀁾􀁴􀁴􀁾􀁟􀁴􀁾􀁴􀁾􀀯􀁟􀁴􀁾􀁾􀁾􀁴􀁾􀀯􀁾􀁴􀁬􀁴􀁟􀀻􀁴􀁾􀁬􀁬􀁾􀁴􀁬􀁬􀁾􀁾􀁴􀁴􀀻􀁾􀁾􀁴􀁾􀁴􀁬􀁬􀀻􀁴􀁋􀁴􀀠􀁴􀁾􀁉􀁉􀁉􀁾􀁾􀁴􀁴􀀻􀁾􀁴􀁴􀁾􀁾􀁉􀁉􀁟􀁴􀀻􀁴􀁴􀁴􀁴􀁾􀀻􀁴􀁬􀁬􀁾􀁴􀁬􀁬􀀻􀁾􀀻􀁉􀁉􀀻􀁾􀁴􀁴􀁴􀀻 􀁴􀀻􀁬􀁬􀁾􀁴􀀻􀀠􀁾􀁾􀁴􀀻􀁴􀁴􀁾􀁴􀁾􀀯􀁴􀀻􀁴􀁾􀁟􀁾􀀻􀁉􀀻􀀻􀀯􀁾􀁴􀁴􀁴􀀻􀁾􀀯􀁾􀀻􀁾􀁉􀁉􀁍􀁾􀁴􀁍􀁾􀁉􀁉􀁾􀁴􀁴􀁾􀁉􀁉􀁟􀁍􀁴􀁬􀁬􀁴􀁾􀀠􀀻􀀻􀁟􀁾􀀻􀁉􀁉􀁟􀀻􀁾􀁍􀁴􀁬􀁬􀁴􀁾􀁉􀁉􀁊􀁾􀁴􀁴􀀻􀁴􀁴􀁬􀁬􀀻􀀯􀁾􀁴􀀻􀁴􀁾􀁴􀀻􀁾� �􀁾􀁴􀁬􀀻􀁟􀁊􀀻􀁴􀁾􀁾􀁾􀁾􀁟􀁉􀀻􀁴􀀠__ttt__􀁾􀁾􀁉􀁉􀁾􀁬􀁬􀁬􀁴􀁋􀀰􀁴􀁂􀁂􀁴􀁋􀁋􀀰􀀳􀁉􀁉􀁟􀁍􀁴􀁬􀁬􀁾􀁴􀁬􀁬􀀻􀁾􀁾􀁴􀁴􀀻􀀻􀁾___􀁾􀁾􀁟􀁴􀀠􀁟􀁸􀀻􀁾􀁬􀁬􀁬􀁬􀁬􀁬􀁴􀁴􀀻􀁍􀀻􀁉􀁉􀁉􀁉􀁉􀁉􀀻􀁾􀀻􀁉􀁉􀁉􀁉􀁉􀀻􀁾􀁾􀁴􀁴 􀀻􀁾􀁴􀁴􀁾􀁾􀀻􀁬􀁬􀁬􀁬􀁬􀁴􀁾􀁴􀁴􀁴􀀻􀁴􀁟􀀠􀁾􀁊􀁴􀀻􀁾􀁾􀁴􀀻􀁴􀁴􀁾􀁴􀁾􀀯􀁴􀀻􀁴􀁾􀁟􀁾􀀻􀁬􀁴􀁴􀀻􀀯􀁾􀁟􀁴􀁴􀁟􀁴􀁬􀁴􀁴􀀻􀁍􀀻􀀯__ttt__􀁾􀁾􀁉􀁉􀁟􀁍􀁴􀀠I;Y 􀁴􀀻􀁴􀀻􀁴􀁴􀁟􀁴􀁾􀁴􀁬􀁟􀁴􀀻􀁴􀁴􀁾􀁾􀁴􀁾􀀻􀀠􀁴􀀻􀁉􀁉 􀁉􀀻􀁾􀁴􀀻􀁴􀀻􀁬􀁬􀁬􀁬􀁸􀁴􀀻􀁾􀁾􀀻􀁴􀁬􀁬􀁬􀁬􀁴􀁾􀁴􀁬􀁬􀁬􀁬􀁾􀁾􀁴􀁴􀀻􀁾􀁴􀁴􀁾􀀻􀁬􀁬􀁬􀁬􀁴􀁴􀁟􀁍􀁴􀀠􀁟􀁊􀁾􀁾􀁾􀁾􀁾􀁟􀁉􀁉􀁉􀁾􀁴􀁬􀁬􀁟􀁾􀀻􀁉􀁉􀀧􀁾􀁾􀁴􀁴􀀻􀁾􀁴􀀻__􀁉􀁉􀁾􀁊􀁴􀀻􀁬􀁬􀁸􀁴􀀻􀁾􀁾􀀻􀁴􀁬􀁬􀁴􀁾􀁴� �􀁾􀁴􀁴􀁴􀀻􀁾􀀯􀁾􀀻􀁾􀀯􀁍􀁾􀁴􀁍􀁾􀀯􀀻􀁾􀁴􀀻􀁉􀁟􀀻􀁾􀁋􀁴􀁬􀁴􀁾􀁉􀁉􀁾􀁾􀁴􀁴􀀻􀁴􀁴􀁬􀁬􀀻􀁬􀁬􀁾􀁴􀀻􀁴􀁾􀁴􀀻􀁾􀀠􀁾􀁴􀁬􀁬􀁬􀁬􀀻􀁟􀁾􀀻􀁴􀁾􀁾􀁾􀁾􀁟􀁉􀁉􀁉􀀻􀁴􀁬􀁬􀁬__ttt__􀁾􀁾􀁉􀁉􀁉􀁟􀁍􀁴􀁬􀁬􀁬􀁬􀁴􀁋􀀰􀁴􀁂􀁩� �􀁋􀁋􀀰􀁾􀀠􀁟􀁋􀁴􀀯􀁾􀁴􀁬􀀻􀁾􀁾􀁴􀁴􀀻􀀻􀁾___􀁾􀁾􀁟􀁴􀁬􀁬􀁾􀀻􀁾􀁬􀁬􀁴􀁴􀀻􀁍􀀻􀁉􀁉􀀻􀁾􀁉􀁉􀀻􀁾􀁾􀁴􀁴􀀻􀁾􀁴􀁴􀁾􀁾􀀻􀀠􀁾􀁾􀁴􀀻􀁬􀁬􀁬􀁸􀁴􀁾􀁾􀀻􀁴􀁬􀁬􀁬􀁴􀁴􀀻􀁉􀁉􀁉􀁾􀁟􀁴􀁴􀁟􀁴􀁬􀁬􀁬􀁴􀁴􀀻􀁍􀀻􀁉􀁉__ttt__􀁾 􀁾􀁉􀁉􀁟􀁍􀁴􀀠ItY 􀁴􀁋􀀰􀁴􀁩􀁩􀁴􀁋􀁋􀀰􀁾􀀯􀁟􀁍􀁴􀀯􀁾􀁴􀁬􀀻􀁾􀁾􀁴􀁴􀀻􀀻􀁾___􀁾􀁾􀁟􀁴􀁬􀁟􀁴􀀻􀁴􀁴􀁾􀁾􀁴􀁾􀁾􀀻􀀠􀁟􀁸􀀻􀁾􀁬􀁬􀁴􀁴􀀻􀁍􀀻􀁉􀁉􀀻􀁾􀀻􀁉􀁉􀀧􀀻􀁾􀁾􀁴􀀻􀁴􀁟􀀻􀁾􀁾􀀯􀀻􀁾􀀻􀁉􀀻􀁟􀁴􀁟􀀻􀁴􀀻􀁾􀁾􀁾􀀯 􀁾􀁴􀁴􀁾􀁴􀁟􀁴􀀻􀁾􀀠􀁟􀁴􀀻􀁉􀀻􀁟􀁾􀁾􀀻􀁍􀁾􀁉􀁉􀁾􀁾􀀻􀁬􀁬􀁴􀁾􀁬􀁬􀀻􀁴􀁾􀁟􀁴􀁴􀁟􀁬􀁬􀁴􀁴􀁾􀁴􀁬􀁬􀁟􀁋􀁴􀁬􀁬􀁴􀀻􀁍􀁴􀁬􀁬􀁟􀁴􀁾􀀻􀁾􀁟􀀠, 􀁴􀁴􀀻􀁍􀀻􀁉􀁉􀀻􀁾􀀻􀁉􀁉􀁟􀁾􀁾􀀻􀁾􀁴􀀻􀁴􀀰􀀱􀀱􀁾􀁴􀁩􀁬􀁬􀀻􀀻􀁴􀁴􀀻� �􀁬􀁬􀁴􀁾􀁬􀁬􀁾􀁴􀁴􀁾􀁉􀁉􀁟􀁍􀁴􀁬􀁬􀁾􀁴􀀠􀀻􀁴􀁾􀁾􀁾􀁟􀁾􀀻􀁉􀀻􀁟􀀻􀁾􀁾􀁾􀁴􀁾􀀯􀁴􀁴􀀻􀁉􀁉􀁾􀁟􀁴􀁾􀁴􀁬􀁬􀁴􀁴􀀻􀁍􀀻􀁉􀁉__ttt__􀁾􀁾􀁉􀁉􀁟􀁍􀁴􀀠ItY 􀁴􀁾􀁾􀁴􀁴􀀻􀁴􀁴􀁟􀀻􀁟􀁴􀁾􀀯􀀻􀁾􀀻􀀠􀁾􀁴􀁴􀁴􀀻􀁾􀁉􀁉􀁟􀁾� �􀁾􀀻􀀻􀁾􀀻􀁴􀁬􀁬􀁟􀁾􀀻􀁉􀁉􀁉􀀧􀁾􀁾􀁟􀁴􀁾􀁴􀁴􀁴􀁟􀁉􀁉􀁉􀀻􀁾􀁾􀁴􀁴􀀻􀁾􀁴􀁾􀁾􀁾􀁾􀀠􀀬􀁾􀁴􀁟􀁴􀀻􀀻􀁉􀁉􀁉􀁟􀁴􀁟􀁴􀁍􀁾􀀻􀁉􀁉􀁉􀁾􀁴􀁬􀁬􀁬􀀻􀁾􀁾􀁴􀁴􀁾􀀻􀁉􀁉􀀻􀁴􀁴􀁬􀁬􀁴􀁴􀀻􀁬􀁬􀁾􀁴􀁬􀁬􀁟􀁴􀁴􀁴􀁴􀀻􀀠􀁴􀁴􀀻􀁍 􀀻􀁉􀀻􀁾􀀻􀁉􀀧􀁾􀁴􀁴􀁾􀁾􀀯􀁟􀁍􀁴􀁬􀁴􀁾􀁬􀁬􀁴􀁾􀁟􀁾􀁾􀀧􀁾􀁟􀁉􀁉􀀻􀁾􀀻􀁉􀁉􀀧􀁟􀁾􀁟􀁴􀁾􀁟􀁴􀁾􀁾􀁾􀀠􀀬􀁟􀁴􀀻􀁴􀁴􀁟􀁾􀁉􀁉􀁉􀁉􀀧􀁾􀁴􀁟􀁴􀀻􀀻􀁉􀁉􀁉􀁉􀀧􀁋􀁴􀁴􀀻􀁟􀁍􀁉􀁉􀁉􀁉􀁟􀁍􀁴􀁬􀁬􀁬􀁴􀁾􀁉􀁉􀁉􀁾􀁾􀁴􀁴􀁾􀁾� �􀁴􀁾􀀠􀁴􀁾􀁬􀁬􀀻􀁴􀁟􀁾􀁟􀁴􀁬􀁬􀁾􀀻􀁾􀁴􀁴􀁾􀁬􀁬􀀻􀁴􀁴􀁬􀁬􀁟􀁾􀀻􀁉􀁉􀁟􀁾􀁾􀀻􀁾􀁴􀀻􀁴􀁾􀁬􀁬􀁾􀁴􀀻􀁬􀁬􀁬􀁾􀁴􀁴􀁾􀀠􀁟􀁍􀁴􀁬􀁬􀁴􀁾􀁬􀁬􀁾􀁴􀁴􀁴􀁊􀁟􀁴􀁾􀁴􀁬􀁬􀁟􀁍􀁴􀁬􀁬􀁟􀁴􀁴􀁟􀀻􀁟􀁴􀁾􀀯􀁴􀁴􀀻􀁍􀀻􀁉__ttt__� �􀁾􀀯􀁟􀁍􀁴􀁝􀀠(t) The COmmittee is gpverned by the provisions of section 51A-7,504 of the Pallas Deyelopment Code. as amended. (c) Subdivision Review committee: (1) The Committee shall review and make recommendations to the COMMISSION on plats in the event that proposed staff conditions and preliminary plat conditions are appealed by the applicant. (2) The Committee shall review and make recommendations to the COMMISSION on requests for street name changes. (d) Transportation committee: (1) The Committee shall review and make recommendations to the COMMISSION on proposed amendments to the City's Thoroughfare Plan. (2) The Committee shall review all traffic management operations, and DART-related transportation issues that would affect or amend the City's Thoroughfare Plan, or the Central Business District streets and Vehicular Circulation Plan. (e) Zoning Ordinance Advisory committee: (1) The Committee shall thoroughly familiarize itself with the provisions of the Dallas Development Code and make recommendations to the COMMISSION on amendments to those zoning regulations. (2) The Committee shall carefully consider and understand the impact of proposed amendments. 16 8600G (3) The Committee shall ensure that amendments m_t the spirit and intent of the Dallas Development Code, and do not contradict other existinq regulations. (4) The Committee shall receive input from citizens, interest qroups, professional orqanizations, and any other qroups or individuals deemed appropriate. 121 ANY MEMBER serving on the Committee may infOrm the COMMISSION about the Committee's discussions and reCommendations during the 8BIEFtNG of a matter. 17 j j j j j j j j j j j j j j j j j RULES AN) REGUL.ATlONS CITY PLAN COMMISSION CITY OF GARLAND. TEXAS A Resolution adopting Rules and Regulations governing the actions, proceedings, and dellberations of the City Plan Commission and its Committees, the election of officers, the time and place of holding meetings, which shall supersede the rules heretofore adopted, provided, however, that any action taken by the City Pian Commission, or its Committees, prior to the adoption of this regulation, in matters which have not finally been completed by the CIty Plan CommissIon or final action taken thereon by the City Council, shall be unaffected by these rules. ...... ARTICLEL POWERS AN) DUTIES The powers, duties, objectives, and purposes of the City Plan Commission of the City of Garland, Texas, are those set forth under the laws of the State of Texes, Charter, and Ordinances of the City of Garland. ARTICLED. OF F:n::t:RS AN) THEIR OI.fllES Section L The officers of the City Plan Commission shall be a Chairman, First Vice-Chairman, Second Vice-ChaIrman, Secretary, and AssIstant Secretary the Secretary and Assistant Secretary to be non-membars of the Commission. Section 2. The Chalrman will preside over all meetings of the Commission and have the duties normally conferred by parliamentary usage of such officer. He shall have the privilege of discussing all matters before the Commission and votIng thereon. He shall sign subdIvision plats approved by the Commission and such other papers and documents as may be deemed necessary. He shall appoint all Committees and may call special meetings of the City Plan Commission. He shall be responsIble for the efficIent and orderly transaction of the Commission business. Section J. The First Vice-Chairman shall perform the duties of the Chairman dudng his absence 01" Inability to act. He shall sign subdivision plats during the absence of the Chairman. The Seoond VIce-Chairman shall perform duties, etc., ol"Jy in the absence ot the Chairman end First Vice-Chalrman. -1 Sectian 4. The Secretary shall keep the Minutes and records of the Commission, prepare the agenda of regular and special meetings, provide notice of meetings and copies of Minutes to Commission members, arrange proper and legal notice of all hearings, attend to the correspondence of the Commission and other such duties aa are normally carried out by a Secretary. It shall be the duty of the S..cr..tary to submit to the Commission the Minutes of the previous meeting so that the same may be corrected, if necessary, to reflect fairly accurately the proc .... dings of the last meeting, and sald Minutes shall not be official until they are adopted by a majority vote of the Commission. Section 5. The Assistant Secretary shall perform the duties of the Secretary during absence or inability to act. ARllCLEIII. El..ECTlON OF OFFICERS Sectlan 1. The Chairman and Vice.Chairman shall be elected annually at the first regular meeting after the CIty Council appointments are made. Nominations shell be made from the fioor and the election shall follow immediately. The candidate rec.. iving Ii majority vote for the position for which he was nominated llhall be declared elected and shall take office immedIately. Upon request of a Commission member, election may be by ballot. Section 2. The Sacretary and Assistant Secretary shall be selected by the Chalrman with the apIYrovai of the Commission from the staff of the Department of City Planning. Section ::S. When a vacancy occurs, for whatever reason, it shall be filled as above indicated by the Commission at a regular or special meeting. ARlla..ElV. MEETINGS Section 1. Regular meetings will be held on the second (2nd) and fourth (4th) Mondays of each month at 7:30 P.M. in the City Hall, Garland, Texas. Under special circumstances, such as holidays I!f1d special events, the City Plan Commission, by a majority vote, may change the date, time, and location of the regular meeting of sald Commission to meet such a contingency. SectIan 2. Special meetings may be called at any time by the the Chairman or upon a written request signed by three (:;) members of the Commission. Section 3. A majority of membership (5 out of 9) of the Commission shall constitute a quorum. No official action shall be taken unless a quorum be present. SectIan 4. The number of votes necessary to determine a question shall be a majority of those present. Each member of the City Plan CommIssion present shall be required to vote unless he either has a direct interest as a neighboring property owner Dr a financial inter..st In the outcome of the particular case, or for reason of nepotism, as defined by the State law or prohibited by State law. Section 5. All decisions and recommendations of the City Plan Commission shall be made In meetings open to the public and a vote taken at such meetings and duly recorded. Ail meetings shall be held in accordance with State laws and open to the public. Section 6. Parllamentary procedure shall be governed by "Robert's Rules of Order," except when in conflict with City and State laws; then, the City and State iaws shall govern. Section 7. It shall be proper for the Commission to take a matter under advisement and announce its decision at some subsequent meeting which is open to the public. No hearing, however, will be adjourned without setting a definite date when such hearing will be resumed. ARTICLE V. COMMlI I EES AN) THE1R FUNCTIONS Section L Special committees may be appointed by the Chairman of the Commission from time to time as the occasion for such arises. These committees may be assigned any problem normally considered by the City Plan Commission or be assigned to make a field inspection of zoning cases or any other matter. Special committees shall be composed of at least three (3) members. Section z. A Chalrman shall be appointed from the membership of each committee by the Chairman of the Commission. The committee Chairman shall preside over committee meetings, shall vote upon all questions, and shall report the result of such meetings to the Commission. ARTICLE VL ZONING HEARINGS, PROCEDURES, AN) RULES Section L A special committee may make visual inspection of the site of an application and area around application on the ground prior to or after a public hearing so that the members may be fully acquainted with the subject property and the surrounding area and may report their findings to the Commission. Section 2. At the hearing, proponents and opponents shall be given reasonable and edequate opportunity to present their respective views, and the Commission will, from staff reports, field Inspections, and the evidence presented, form its recommendation to the City Council. Sectim 3. The Secretary shall include in the Minutes of the Commission a fair resume of the evidence presented at the hearing. Sectim 4. After the City Plan Commission has reached its decision and taken cfflciat action on any zoning case, the recommendation shall be forwarded to the City Council so that the Council may have the benefit of such report and recommendation when the case comes before the Council for hearing and decision. Section 5. In all public hearings, the Commission may ask for each delegation to appoint a speaker or speakers to represent the delegation In order to conserve the Commission's time. -3 Sectioo 6. After a final decision i8 reached by the Commission or City Council in a request for zoning amendment involving a specific piece of property, no addi tional application will be accepted by the Commission Involving this property within a period of six (6) months from the date of final decision except: (8) When the City Plan Commission waives the six-month rille at the time the request Is denied. (b) At request of the CIty Council. (c) On written request by applicant with pertinent facts which the City Plan CommIssion deems sufficlant to warrant a new hearing. Such requests shall not be set for public hearings unless approved by a majority vote of those present. If a rehearing is granted by the CommissIon, then the procedure thereon will be the same as that glvan ar> original application for zoning change filed with the Commission. A "final decision" shall be defined as being a recommendation to the City Council by the Commission or as approval or denial by the City CouncU. (d) This shall not apply apply to site plans required as a part of the zoning on the property In question. Section 7. (a) All applications for the amendment of the Zoning Ordinance shall be filed with the Secretary on a form approved by the Commission. (b) Any application filed less than 19 days prior to a Commission hearing shall not be placed on the agenda until the following hearing except that the Planning Director may include the application on the agenda of the earliest hearing if, in his oplnion, such will nat overload the Commission or staff. (c) All applications shall be accompanied by a legal description of the area of request. Sectioo 8. Written notice shall be given to property owners as required by State law. Sectloo 9. Withdrawals, postponements for same. (a) Withdrawals (1) Written request by the applicant to withdraw his petition for zoning change prior to mailing hearing notices shall be honored. (2) Written request by the applicant for withdrawal made after mailing hearing notices shall be honored but shall be subject to provisions of Article VI, Section 6. • (b) Postponements (l) Written request by the applicant to postpone his application for zoning change prior to mailing hearing notices shall be honored. (2) Written request by the applicant for hearing postponement mede after mailing hearing notices shall be honored if there is proper time for notification to be mailed to property owners. In the event there is not adequate time for notification, this request shall be subject to the ase.retian of the Plan Commission. (3) If 20% of the property owners within the 200 feet notification area are in oppOsition, one request for postponement will be permitted. (4) If a request for a postponement is made by an applicant before the Plan Commission heal'$ the request, applicant will have 3 months from the time this request Is received to decide whether to proceed with the zoning change or the file will be closed. section 10. Development Plans. (a) Development Plans. when required, must be submitted with the applicant's request•• (b) Applicants who have a Development Plan reviewed at the Technical Review meeting shail have the revised Plan returned to the Planning Department for Staff review by 'iii a.m. Friday with a print suitable for xerographic copy. If the revised plan Is not returned In time for adequate staff review, the Plan Commission shall have the option to table the request until the next Plan Commission meeting. ARTICLEW. SUBDMSION RULES AND PRcx:::EDURES The Rulee and Regulations governing the subdivision and platting of land shall be governed by the ordinances and resolutions heretofore adopted and approved by the City of Garland. The City Plan Commission may hold such public hearings concerning subdivision plats as are deemed necessary by the Commission. ARTICLE vm. SPECIAL I-£ARINGS Sectim L Special hearin!j$ may be held by the City Plan Commission or by a 3peciai committea, under the direction of the City Plan Commission, on any matter other than zonIng and subdivision cases when such a public hearing would be in the public interest. Sectim 2. Notice of of such special hearing shall be in accordance with the Texas Open Meetin!j$lawlI or other applicable regulations. ARTICL£JX. AMENJMENTS These Rules and Regulations may be changed at any regular meeting of the City Plan Commission by a two-thirds (2/3) vote of the members. Any proposed change or amendment of these rules shall be in the hands of the City Plan Commission members for not less than one (1) week in advance of the meeting at which such change or amendment Is considered for adoption. ARTIa...EX. TEMPORARY WAIVER OF BYLAWS These Rule! and Regulations mey be temporarily waived by a two-thirds (2/3) vote of those present If a unique or emergency sItuation develop&. ARTIa...EXL Any action taken by the City Plan CommissIon or its committees prior to the adoption of the resolution in matters Which have not been finally completed by the City Plan Commission or nnel action taken thereon by the City Council shall be unaffected by these rules. -6Revised June, 1983