STATE OF TEXAS X

COUNTY OF BEXAR X ORDINANCE #630

CITY OF CONVERSE X

AN ORDINANCE TO ESTABLISH A PLANNING COMMISSION FOR THE CITY OF CONVERSE.

WHEREAS, The City of Converse desires to promote public welfare and quality of life through efficient use of land space facilities; and,

WHEREAS, The City of Converse desires to promote economic development of the City by eliminating obstacles to new business and business growth; and,

WHEREAS, The City Council of the City of Converse desires to obtain maximum citizen input to decisions concerning land use and zoning; and,

WHEREAS, The City Council of the City of Converse desires to employ the talent, skill, and effort of the community toward planning objectives;

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

CONVERSE:

SECTION I. ESTABLISHMENT: A Planning Commission is hereby established.

A. The Planning Commission shall consist of seven members who shall be appointed by the Mayor with the approval of City Council. The Mayor may appoint up to three alternates who may serve in the absence of a regular member at the request of the City Manager or the Chairman of the Commission. The Chairman of the Commission shall be appointed by the City Council and may be removed by majority vote of the City Council with or without cause.

B. The term of office shall be for four years or until their successors are appointed and qualified.

C. Vacancies in the Commission occurring other than by expiration of term shall be appointed by the Mayor for the unexpired portion of the term.

D. After the Commission is appointed, it shall meet and organize. The Commission shall elect a vice chairman and install other officers as may be necessary, on an annual basis.

E. A quorum shall consist of four voting members who are either regular members or alternates designated by the Chairman or City Manager to serve as regular members for the meeting.

E. The Planning Commission shall meet upon call by the Chairman and meetings shall be held at least three (3) times each year. All meetings of the commission shall be open to the general public in accordance with the Texas Open Records and Open Meetings Act, Section 551 Texas Government Code.

F. In the absence of the Chairman and Vice Chairman, the City Manager or his designated representative shall call the meeting to order and determine whether the meeting has a quorum, or can achieve a quorum in a reasonable time and with reasonable effort. If a quorum cannot be achieved, he shall dismiss the meeting. If a quorum can be achieved, he shall entertain a motion to appoint an acting chairman for the meeting. After a second to the motion and a majority vote of the members present, the City Manager or his representative shall call a recess. The newly appointed acting Chairman shall then call the meeting to order and conduct the meeting according to the agenda.

G. Commission members are expected to attend and participate in all meetings. Absences may be excused before the meeting by the Chairman of the Commission; absences after a meeting may only be excused by majority vote of the Commission.

H. Failure to attend three consecutive meetings, or three of any seven consecutive meetings, without being excused shall be considered a resignation and the Mayor will be asked to appoint a replacement for the remainder of the term.

I. Any Commission member or alternate can be removed from the Planning Commission for cause by a majority vote the City Council. Causes for removal of members of the Commission and alternate members of the Commission by the City Council shall include malfeasance, misfeasance, nonfeasance and excessive absences generally, and in particular the following:

1. Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the Commission, or failure to be governed thereby.

2. Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved, or will be directly affected by a decision of the Commission.

J. Resignation: When members or alternates of the Commission propose to resign, if reasonably feasible, they shall give notice of their intent to the Chairman; making the date of resignation effective in such a manner as to allow time for appointment of replacement.

SECTION II. RESPONSIBILITIES:

A. The Commission shall be responsible for developing and maintaining the City Master Plan, to include:

1. Annexation.

2. Historical Preservation.

3. Downtown Development.

4. Traffic Conveyance.

5. City Beautification.

6. City Staffing Facilities.

7. Water Supply.

8. Community Service Facilities.

B. The Commission shall be responsible for developing and maintaining a Master Plan that lists future improvements, renovations and major maintenance projects and their relative priorities for the all of the facilities within the City.

C. The Planning Commission will work jointly with the City Manager and his staff to develop concepts, priorities, and supporting financial budgets for the future needs of the City. Unresolved disagreements between the Commission and the City Staff will be placed on the City Council Agenda promptly for consideration and decision.

D. The City Manager shall appoint a City staff member to serve as the Secretary of the Commission. The Commission Secretary shall:

1. Attend to all correspondence of the Commission.

2. Send out or cause to be published all notices required.

3. Attend all meetings of the Commission and all hearings.

4. Scrutinize all matters to assure compliance with City ordinances and policies.

5. Compile all required records.

6. Maintain the necessary schedules and files.

7. Generally perform or supervise all clerical work of the Commission.

E. The Secretary shall maintain the official minutes. In the official minutes shall be recorded the proceedings of the Commission showing attendance, the record of examinations and all other official actions to include the vote of each member voting on every question. The minutes of the Commission shall be public record, kept in the City Hall offices.

F. The Chairman may delegate members of the Commission to make personal inspections when necessary for the proper consideration of cases, and shall appoint such committees as may be found necessary.

G. The Commission Chairman, or his or her designated representative, shall, in person, make to the City Council a full and complete quarterly report and other reports as requested by other agencies or the Mayor, or the City Council.

H. The Chairman shall make or cause to be made reports concerning the affairs of the Commission as required or requested by the Economic Development Corporation or the City Council.

I. The Commission shall have the authority to formulate and recommend to the Zoning Commission and the City Council, rules and regulations for the use of land and the placement of structures upon the land to support optimal future development of the City.

SECTION III. MEETINGS:

A. Regular meetings of the Commission shall be held the fourth Tuesday of each month at 7:00 p.m. at the Converse City Hall unless designated otherwise by the Commission. Meetings may be held at any other convenient place if directed by the Chairman in advance of the meeting or upon a finding that such other location would serve public convenience or necessity. All meetings shall be subject to the notice provisions as required by law.

B. In certain cases which require more information or study, a meeting may be recessed and reconvened the same day or the item may be table for further study and consideration at a later date. If tabled, additional public notice shall be required before further consideration.

C. All meetings will be conducted under the current Robert's Rules of Order.

D. The Commission shall make its recommendation to the City Council by a motion, second and a majority vote duly recorded in the minutes of the meeting.

E. A motion which is defeated is not a recommendation. If a motion is defeated, another motion must be made, seconded, voted upon and approved by a majority of the Commission present and voting.

F. A tie vote of the Commission shall be considered to be a recommendation of denial.

G. The staff shall report to the City Council the results of a vote on a motion made and duly seconded, and approved by a majority of the Commission present and voting. The report can be delivered to the City Council by the City Council Liaison, Chairman, member(s) or alternate(s) designated by the Chairman, Secretary or any other staff member designated by the Commission.

SECTION IV. CONFLICTS OF INTEREST:

A. As soon as any Commission member, any alternate member or any staff member of any agency serving the Commission becomes aware of any potential conflict of interest, he shall notify the Chairman or acting Chairman of the particulars. Where the Chairman finds that conflict clearly exists, he shall disqualify the Commission member from both deliberating and voting on the case and shall cause the circumstances of the disqualification to be entered in the record. The Chairman may appoint an alternate member to deliberate and vote on the issue.

B. Where the Chairman or acting Chairman has reasonable doubt as to whether the facts and applicable law indicate a degree of conflict justifying disqualification or excuse from service, he shall seek advice from the City Attorney. If the City Attorney advises that, under the circumstances reported and applicable law, conflict appears to exist, the Chairman shall proceed to disqualify or excuse as provided above. If the City Attorney advises that there is reasonable doubt, the Chairman may either disqualify or excuse the person involved, or call for a determination by majority vote of the Commission at a public meeting. The record on any such determination by the Commission shall be full and complete and shall indicate the reasons supporting the decision

C. A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member, other than in the public hearing.

SECTION V. COMPENSATION: The compensation is limited to reimbursement of expenses of Commission members and alternates as authorized by the City Council. The City Manager is authorized to reimburse expenses as might be required for Commission members and alternates.

SECTION VI. SUPERSESSION: This ordinance supersedes City of Converse Ordinance #630 dated March 7, 2000.

PASSED AND APPROVED this 16th day of January 2001.

_____________________

Craig Martin, Mayor

ATTEST:

_____________________________

Laura P. Arens, City Secretary