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Home My WebLink AboutOrdinance No. 2025-31 ORDINANCE NO. 2025-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE II "BOARDS, COMMITTEES AND COMMISSIONS," DIVISION 1 "GENERALLY," SECTION 2-21 "DEFINITIONS" AND DIVISION 10 "PLANNING AND ZONING COMMISSION," SECTION 2-73 "POWERS AND DUTIES" OF THE FRIENDSWOOD CITY CODE; AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE II "BOARDS, COMMITTEES AND COMMISSIONS" OF THE FRIENDSWOOD CITY CODE TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 2.5 "CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO ESTABLISH A NEW ADVISORY COMMITTEE TO PERFORM THE DUTIES AND FUNCTIONS AS CONFERRED ON SUCH A COMMITTEE BY CHAPTER 395 OF THE TEXAS GOVERNMENT CODE; AMENDING CHAPTER 70 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," ARTICLE III "CONSTRUCTION," SECTION 70-64 "SIDEWALKS REQUIRED" OF THE FRIENDSWOOD CITY CODE TO REFINE THE DUTIES OF THE PLANNING AND ZONING COMMISSION WITH RESPECT TO SIDEWALKS BY REMOVING THE SIDEWALK INSTALLATION FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. **************************************************************************x*** WHEREAS, Section 395.058 of the Texas Local Government Code requires that a capital improvements advisory committee be created in order to advise,monitor,review and evaluate the City's land use assumptions, capital improvements plan and impact fees; and WHEREAS, the City's Planning and Zoning Commission has acted as the capital improvements advisory board since 1990 when the City first adopted impact fees for new construction in the City; and WHEREAS,the Eighty-Ninth(89th)Texas Legislature passed Senate Bill 1883 in its 2025 Regular Session, which, among other things, amends Section 395.058 of the Texas Local Government Code to prohibit the City's Planning and Zoning Commissions from serving as capital improvements advisory committees; and WHEREAS, in compliance with this new law, the City Council desires to create a capital improvements advisory committee; to prescribe the number and selection of members of the committee; and to establish the duties and functions of the committee, which shall include all duties and functions as conferred on a capital improvements advisory committee by V.T.C.A., Local Government Code,ch. 395;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 1 "Generally," Section 2-21 "Definitions" of the Friendswood City Code is hereby amended to add the capital improvements advisory committee to the definition of "advisory board," which definition shall read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 1. GENERALLY Sec. 2-21. Definitions. The following words, terms and phrases when used in this division shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory board shall mean and include a board, commission, committee, or task force established by the city, which is advisory in nature and treated as such, including the following: (1) Animal shelter advisory committee, (2) Capital improvements advisory committee, (3) Community and economic development committee, (4) Fourth of July steering committee, (5) Investment committee, (6) Keep Friendswood Beautiful (KFB), (7) Library board, and (8) Senior citizens advisory committee. Section 3. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions" of the Friendswood City Code is hereby amended to add a new division to be numbered and entitled Division 2.5 "Capital Improvements Advisory Committee,"which division shall read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS,COMMITTEES AND COMMISSIONS DIVISION 2.5. CAPITAL IMPROVEMENTS ADVISORY COMMITTEE 2 Sec. 2-26. Created; membership. (a) Created. The capital improvements advisory committee is an advisory committee created by the city council. (b) Membership. The capital improvements advisory committee shall be composed of seven members appointed by at least four members of the city council. Such members shall be resident citizens and qualified voters of the city for staggered three-year terms commencing on July 1. Not less than fifty percent(50%)of the members shall be representatives of the real estate, development, or building industries who are not employees or officials of any political subdivision or governmental entity. Sec. 2-27. Meetings. Meetings shall be conducted in compliance with the procedural rules adopted by the city council and V.T.C.A., Government Code, ch. 551. Minutes shall be treated as public records. Sec.2-28. Powers and duties. (a) The capital improvements advisory committee shall serve in an advisory capacity and shall have the following powers and duties: (1) To advise and assist the city in adopting land use assumptions; (2) To review the capital improvements plan and file written comments; (3) To monitor and evaluate implementation of the capital improvements plan; (4) To file semiannual reports with respect to the progress of the capital improvements plan and report to the city any perceived inequities in implementing the plan or imposing the impact fee; (5) To advise the city of the need to update or revise the land use assumptions, capital improvements plan, and impact fee; and (6) To perform other duties as may be delegated to it by the city council. (b) In carrying out the duties described in subsection (a) of this section, the capital improvements advisory committee shall comply with the procedural rules adopted by the city council. Section 4. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 10 "Planning and Zoning Commission," Section 2-73 "Powers and Duties" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS 3 DIVISION 10. PLANNING AND ZONING COMMISSION Sec.2-73. Powers and Duties. The planning and zoning commission shall have the following powers and duties: (1) To perform the duties imposed upon the planning and zoning commission by appendix B of this Code as well as V.T.C.A., Local Government Code, ch. 212; (2) To perform the duties imposed upon the zoning commission by appendix C of this Code as well as upon the zoning commission by V.T.C.A., Local Government Code,ch. 211; (3) To hear and render decisions on appeals concerning: (i) the denial, revocation or suspension of a mobile home park license; (ii) any order for utility disconnection within a mobile home park; or (iii) any decision, order, or action taken by the building official pursuant to section 50-163 of this Code; (4) To hear and render decisions on the need for sidewalks pursuant to section 70-64 of this Code; (5) To review and monitor the implementation of the city's comprehensive plan and all amendments thereto and make recommendations concerning the same to the city council pursuant to V.T.C.A., Local Government Code § 213.003; (6) To monitor the implementation of the city's comprehensive plan and to make reports to the city council as to the status of efforts to implement the comprehensive plan; and (7) To perform other duties as may be delegated to it by the city council. Section 5. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III "Construction," Section 70-64 "Sidewalks required" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES ARTICLE III. CONSTRUCTION Sec. 70-64. Sidewalks required. (a) Required. Sidewalks are required along all streets. (b) Exceptions. (1) Sidewalks shall not be required in single-family residential (SFR) and single- family residential estate(SFR-E) districts where open ditch streets are approved. 4 (2) Sidewalks may not be required when, in the judgment of the planning and zoning commission, the safety of the pedestrians does not require such sidewalks. (c) Timing of Installation. (1) If a plat is required, the developer, prior to the city's final acceptance of the infrastructure,must install sidewalks along reserves and rights-of-way prior to the city's final acceptance of the infrastructure. (2) If no platting or infrastructure construction is required, sidewalks must be installed prior to issuance of the final certificate of occupancy of the structure. (d) Compliance with standards. When sidewalks are required, they shall be built in accordance with the city design criteria manual and standard construction details. Section 6. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 7. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional;and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 8. This ordinance shall take effect from and after its passage on second reading by the City Council of the City of Friendswood,Texas. INTRODUCED,READ,AND PASSED on first reading by the affirmative vote of the City Council of the City of Friendswood this 6th day of Octo.er, 2025. i 4 KE F 0 ' Mayor ATTEST: ///im / F FFtiENoS RAQ E to• RTINEZ, City Secr d ; :�:f ve- T1TE OF 1'+ 5 APPROVED AS TO FORM: u,je� KAREN L. HORNER, City Attorney INTRODUCED, READ, AND PASSED on second and final reading by the affirmative vote of the City Council of the City of Friendswood this 3rd day of November, 2025. JOHN : ISOR, Mayor ro Tern ATTEST: *464.6 RINEZ, City Seer -0—ricl ko- APPROVED AS TO FORM: ST �Q� '9TE OF °+ KAREN L. HORNER, City Attorney li:\City Council\Ordinanccs\2025\I0-06-2025\Ordinance-Capital Improvements Advisory Committee-Final.docx 6