Loading...
HomeMy WebLinkAboutResolution No. 2018-23 RESOLUTION R2018-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ESTABLISHING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE AND ADOPTING PROCEDURAL RULES TO CARRY OUT ITS DUTIES IN ACCORDANCE WITH THE IMPACT FEE STATUTES FOUND IN TEXAS LOCAL GOVERNMENT CODE CHAPTER 395; PROVIDING AN OPEN MEETINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. * * * * WHEREAS, Chapter 395 of the Texas Local Government Code ("Chapter 395") authorizes political subdivisions to finance capital improvements associated with new development in municipalities; and WHEREAS, this legislation requires that a Capital Improvements Advisory Committee ("Advisory Committee")be appointed by the governing body to advise the City Council on certain matters related to the procedures promulgated by Chapter 395; and WHEREAS, the legislation further requires that the City Council adopt procedural rules for the Advisory Committee to follow in carrying out its duties; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the following appointments, assignments and procedures be adopted in conjunction with the requirements of Chapter 395: A. Establishment of Advisory Committee. There is hereby established an advisory committee to the City Council named the "Capital Improvements Advisory Committee." B. Membership, Compliance and Appointment. 1. The Capital Improvements Advisory Committee(CIAC) shall be composed of the members of the Planning and Zoning Commission,since at least one commissioner is a representative of the real estate, development or building industry and is not an employee or official of a political subdivision or a governmental entity. In the future, if no such representative is a member of the Planning and Zoning Commission, the Commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the Planning and Zoning Commission when it acts and the advisory committee. 2. The Chairperson and Vice-Chairperson, respectively, of the Planning and Zoning Commission shall serve as Chairperson and Vice-Chairperson of the CIAC. 3. The Chairperson, or in his/her absence, the Vice-Chairperson, shall preside over all meetings of the CIAC. In the event both the Chairperson and Vice-Chairperson are absent, a majority of members present may appoint a member to preside over the meeting. 4. The City Council reserves the right to appoint additional members of the CIAC if required to replace a member due to a resignation or for any other purpose needed to fulfill the composition requirements of Chapter 395. C. Functions and Duties. 1. The Advisory Committee shall serve in an advisory capacity. 2. The Advisory Committee is established: a. To advise and assist the City in adopting land use assumptions; b. To review the capital improvements plan and file written comments; c. To monitor and evaluate implementation of the capital improvement plan; d. To file semi-annual reports with respect to progress of the capital improvements plan and report to the City Council any perceived inequities in implementing the plan or imposing the impact fee; and e. To advise City Council of the need to update or revise the land use assumptions, capital improvements plan or impact fees. D. Conduct of the Advisory Committee. 1. The CIAC shall conduct Committee business only when a quorum is present. Four (4) members shall constitute a quorum and no action of the CIAC shall be valid unless adopted by the affirmative vote of four(4) or more members. 2. The CIAC shall meet at sufficient intervals to accomplish its functions and duties. R2018-23 2 3. Meetings will be held at Friendswood City Hall and will be held at the call of the Chairperson. 4. All items for consideration will be submitted to the Secretary at least 96 hours prior to the meeting at which they are to be considered. 5. The agenda for all meetings will be posted at City Hall no less than 72 hours prior to the start of the meeting. 6. The Secretary of the Planning and Zoning Commission shall be the Secretary for the CIAC and shall act as the recording clerk of the Committee. By his or her signature,the Secretary shall certify the correctness of all minutes, shall record all actions taken by the Committee, shall record the vote on each motion when by ayes and nays. In the absence of the Secretary, any suitable person may be appointed by the Chairperson to serve as Secretary-Pro Tem of the meeting. 7. An approved copy of the minutes of each meeting shall be maintained in accordance with the requirements of the Open Meetings Act. , 8. Except when in conflict with State law, City ordinance or Rules of Procedure adopted by this Resolution, the Rules of Procedure prescribed in the most current version of Robert's Rules of Order shall govern proceedings of CIAC. 9. The CIAC shall provide Committee Reports to the City Council that include comments and recommendations regarding Land Use Assumptions, Capital Improvements Plans and Impact Fees. The Committee Report shall be submitted before the fifth business day before the date of the public hearing on amendments and at such other times as shall be deemed appropriate. E. Responsibilities of the City Government The City Council and City staff shall make available to the Advisory Committee any Professional reports regarding the development or implementation of land use plans, capital improvements plans, utility financial analyses, or any other information that may be available relevant to the development of impact fees under Chapter 395. Section 2. That the City Council has found and determined that the meeting at which this Resolution is considered was open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings Act, Texas Government Code, Chapter 551, as amended and that a quorum of the City Council was present. Section 3. That this Resolution shall be effective immediately upon its passage and approval. R2018-23 3 PASSED AND APPROVED this the 5th day of November,2018. ike For- an Mayor ATTEST: .-911111111,.. FRIEA,... .es e Melinda Welsh, TRMC i°1 41, %C" City Secretary • . b •44 0 F R2018-23 4