HomeMy WebLinkAbout648-OBDATE: April 21, 2003
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
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SUBJECT: Request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and (b) and
Section 2-33, Code of Ordinances.
FILE: 648-OB
STAFF REPORT
The Planning Manager recommends approval of this request.
City administration is requesting that Section 30-38 (a) and (b), Section 2-31 (a) and (b) and
Section 2-33 of the Code of Ordinances to allow for the addition of three alternate members to
the Planning Commission.
The three alternate members will be appointed by the Mayor subject to approval by the City
Council. Five regular and/or alternate members shall constitute a quorum of the Planning
Commission.
Exhibits are attached.
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Legal Department
To: Mayor and City Council
City of Beaumont, Texas
From: Tyrone E. Cooper, First Assistant City Attorney
Subject: Proposed Planning Commission Ordinance Amendment
Date: April 10, 2003
We have identified three (3) provisions of the Code of Ordinances and a section of the planning
commission By -Laws which address the number of members to serve on the planning commission and
what constitutes a quorum. The council, by section 30-38 (a) of the Code of Ordinances, establishes
the number of the commissioners to be nine (9). Subsection (b) establishes the quorum as five (5)
members. Also section 2-31 (a) provides that the planning commission shall be composed of nine (9)
members. Section 2-33 sets out that five (5) members of the city planning and zoning commission shall
constitute a quorum. These provisions would simply need to be amended to reflect the additional
appointment of alternate members by the Mayor subject to the approval of the council. While the
bylaws do not specifically speak to the number of members, it does address the number sufficient for a
quorum. These quorum sections should also be amended to reflect that the quorum can be composed
of both regular and/or alternate members.
I have attached for your review suggested changes to these sections which should accomplish
what you are requesting. Should you have any questions or other suggestions, please let me know. It -
is our intention that these items will be on the planning commission agenda on April 21, 2003 and then
to the council on the following Tuesday, April 29, 2003.
1
DRAFT
Sec. 2-31. Planning and zoning commission --Created; members;
vacancies; compensation.
(a) There shall be a planning and zoning commission, which commission
shall be composed of nine (9) members and three (3) alternate members, whose offices
are hereby created and established.
(b) The members of the city planning and zoning commission shall be
resident citizens and qualified voters of this city. The members of the city planning and
zoning commission shall be appointed by the city council. The alternate members are
to be appointed by the mayor subject to the approval of the city council. The term
of office of each commissioner shall be for three (3) years or until a successor is
appointed. The city council shall appoint one of the commissioners as chairman and one
as vice-chairman of the commission to serve a term of one (1) year.
Sec. 2-33. Same --Organization, meetings.
The city planning and zoning commission shall, subject to the approval of the
city council, make such rules and regulations and adopt such bylaws for its own
government and designate such times and places for holding meetings as it deems proper.
Five (5) regular and/or alternate members of the city planning and zoning commission
shall constitute a quorum for the transaction of business.
Sec. 30-38. Planning commission.
(a) Creation. The planning commission, created in accordance with Article
XVII, Section 24, of the Charter of the City of Beaumont, shall have the duties and
responsibilities of the zoning commission provided for in Article 1011 f, Vernon's Annotated
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Texas Statutes. The planning commission shall consist of nine (9) members and three- U3
alternate members who are resident citizens and qualified voters of the city. The
members of the planning commission shall be appointed by the city council for three
(3)-year terms or until a successor is appointed. The three alternate members shall be
appointed by the major subject to approval of the city council for three (3)-year
terms or until a successor is appointed. Vacancies shall be filled for the unexpired term
of any member whose position becomes vacant for any cause in the same manner as the
original appointment was made. The members of the planning commission existing on the
effective date of this chapter shall continue to serve as members of the commission until
the terms for which they were originally appointed expire. Members of the commission
shall serve without compensation. Failure of any regular or alternate member to attend a
minimum of eighty (80) per cent of all meetings and workshops of the planning commission
during any calendar year shall result in automatic removal from membership on the
planning commission. Excused absences which have been approved by the chairman of
the planning commission shall not be computed as an absence in calculating the
percentage of attendance.
(b) Proceedings. The planning commission shall adopt rules, regulations
and bylaws to govern its proceedings; provided that such rules shall not be inconsistent
with this chapter or the laws of the State of Texas. All meetings of the planning commission
shall be open to the public. Five (5) regular and/or alternate members of the planning
commission shall constitute a quorum for the transaction of business.
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