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Home My WebLink About01/27/2009 - Regular Agenda Packet - Landmark CommissionLandmark Commission (7 members, 2 alternates) Staff Liaison: Molly Hitchock Name Original Address Phone A t . Shawn Carlson 2008 1031 Rose Circle 694-1522 (H) 6/11 (History Field) College Station 77840 Bill Lancaster 2008 303 Dexter 696-5286 (H) 6/12 (Property owner C_pllege Station 77840 with Historic Marker and property platted prior to 1970) Scott Shafer 2008 117 Pershing Avenue 696-6379 (H) 6/10 (Property owner College Station 77840 with Historic Marker and property platted prior to 1970) Joseph Williams 2008 1404 Riverstone Court 696-6759 (H) 6/12 (Architect) College Station 77845 Rodney Hill 2008 119 Lee Avenue 696-9686 (H) 6/10 (Architect) College Station 77840 Wajahat Mirza 2008 610 Welsh 575-8172 (H) 6/11 (Real Estate) College Station 77840 Hillary Jessup 2008 115 Lee Avenue 693-1749 (H) (Chairman Historic College Station 77840 Preservation Committee) Gaines West 2008 200 Suffolk 229-1984 (H) 6/12 (Alternate: Law) College Station 77840 Jerry Cooper 2008 602 Bell Street 696-3963 (H) 6/12 (Alternate: College Station 77840 property platted prior to 1970) C o:counci!/citizencommittees/2009 citizen committee/2008-2009 Citizen Committee Directory 14 Duties and Responsibilities Established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and/or culturally significant districts, areas, sites, buildings and structures by bringing expertise from the community in those areas related to the designation of Historic Preservation Overlay Districts and protection of the contributing elements within them. Membership The Landmark Commission shall consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. The members of the Board shall be appointed for three year terms. Following initial appointments and staggered terms, two members shall be appointed each year. Council shall appoint the following to the Landmark Commission: a. One member shall represent one of the following fields or professions: 1) History 2) Archaeology b. Two members shall be the owners of the following: 1) Property in the City of College Station Historic Marker Program or 2) Property within a Historic Preservation Overlay District c. Two members shall represent any combination of the following fields or professions 1) Architecture 2) Landscape architecture 3) Urban planning 4) Historic preservation specialist d. One member shall represent one of the following fields or professions: 1) Banking, finance or economics 2) Real estate 3) Law e. The two alternates may represent any of the fields identified above; at least one alternates has to be an owner of property with a marker or a property owner of land platted prior to 1970. .Meetings On call by chairman. Authority City Ordinance No. 3110 adopted on September 11, 2008 o:council/citizencommittees/2009 citizen committee/2008-2009 Citizen Committee Directory 15 CITY OF COLLEGE STATION Planning e- Development Services Historic Preservation Overlays Thank you for your interest in Historic Preservation. This fact sheet is meant to provide additional assistance to Neighborhood and Homeowner Associations who are considering pursuing an overlay for their neighborhood, and for individual property owners seeking an overlay on a single property. As you begin this process, as leaders for your neighborhood, you should be able to answer questions your neighbors have about the overlay and why your association is considering using this tool. What is a Historic Preservation Overlay? An overlay is a type of district that can be placed over traditional zoning districts which provide additional standards for development in the area of an overlay. A Historic Preservation Overlay (or HP Overlay) is a zoning district that is intended to help preserve significant historic resources within the area. It places additional restrictions on any exterior work that takes place on a property in a district. HP Overlays have standards for contributing and non-contributing structures. HP Overlays may only apply to areas at least forty (40) years old and meet two (2) of the following criteria: • Possesses significance in history, architecture, archaeology, and culture; • Associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; • Associated with events that have made a significant impact in our past; • Embodies the distinctive characteristics of a type, period, or method of construction; • Represents the work of a master designer, builder, or craftsman; • Represents an established and familiar visual feature of the neighborhood or city; or • Is eligible for listing on the National Register of Historic Places, Recorded Texas Historic Landmark, or a State Archaeological Landmark, as determined by the Texas Historical Commission. What is the process for getting a designation report? Typically, a designation report is created by an outside consultant for the City of College Station who has expertise in architecture and historic preservation. City funding for a designation report will be determined as part of an overall neighborhood planning program. Neighborhoods and individuals wishing to pursue an overlay prior to City funds being available may fund the contract themselves or utilize other resources to obtain the necessary information for a designation report. What should be in a designation report? A designation report is required by City Ordinance to provide the following: • A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the designation is based • A description of the historical, cultural, and architectural significance of the structures and sites • Identification of contributing and noncontributing resources to the district • Description of the boundaries of the district including subareas and areas where new construction will be prohibited Planning and Development Services Staff will have an example of a designation report once an overlay is in place, and can also provide examples from other communities. What are contributing and non-contributing structures? Contributing structures are buildings with architectural or historic significance under an overlay that are intended to be preserved. Non-contributing structures are those structures under an overlay that do not provide historic significance, but can impact those in the area that do. Where can we look for historic documents? Most likely your neighbors will be your best source of information about their property, however, a good place to start in finding ownership and deed information is through the County Appraisal District. This information can also be found on the City's Internet Mapping Service - http://www.cstx.gov - or through the County Appraisal District. The Planner on Call or GIS Technician in Planning and Development Services can assist in how to use this mapping program. Staff may be reached at 979-764-3570. The Brazos County Appraisal District information can be found at http://www.brazoscad.org. The City also has resources available through Project HOLD. This is an online collection of historic documents maintained by the City's Historic Preservation Advisory Committee. It is accessible at http://hold.cstx.gov. Historic photographs can also be found at the Cushing Library site, http://cushing.tamu.edu. Also, depending on the area, Planning and Development Services may have more detailed building permit information available to document changes in the area. Property and deed information can be searched at the Brazos County Courthouse in the office of the County Clerk. It is helpful to already have volume and page numbers of recent deeds to begin researching. The Carnegie Library and the Brazos County Historical Commission also have expertise in historic research. What is the process? Pre-application Conference - If you are considering a rezoning for a Historic Preservation Overlay, you must first schedule a Pre-Application Conference (PAC) with City Staff. This is an opportunity to meet the staff that will be assisting you in the rezoning process, as well as go over how the process will work, schedule a neighborhood meeting, and gain any assistance you need with gathering information Neighborhood Meeting - After the PAC, Staff will work with you to schedule a time for a Neighborhood Meeting in which staff will make a presentation to you and your neighbors about the Overlay and answer any questions. Complete zoning application - Finally, complete the application and turn it in with all appropriate materials to the City of College Station, Planning and Development Services Department. Landmark Commission recommendation - After the application is reviewed by Staff, it will be presented to the Landmark Commission in a public hearing for recommendation to the Planning and Zoning Commission and City Council. City Staff will notify anyone in the boundary of the proposed overlay as well as all property owners within 200 feet of the overlay of the public hearing. Planning and Zoning recommendation - Once the Landmark Commission has made a recommendation, the rezoning will be scheduled for the Planning and Zoning Commission. A similar public hearing will take place at this meeting. City Council action - The City Council will hold a final public hearing at a regular meeting after a recommendation is forwarded by the Planning and Zoning Commission. They will take final action on the request. If it is approved, an ordinance is adopted creating the overlay district. Recordation at County Courthouse - Once an overlay is adopted, City regulations require that documentation of the Historic Preservation Overlay is filed at the Brazos County Courthouse. Once it is officially filed, this information will be shown on any title insurance or searches on the properties located in the Overlay. This is to help insure that all future owners of the property are aware of the historic designation and development restrictions placed on the property. How long will the process take? It is estimated that the process for creating a Designation Report will likely take between 3 and 6 months to compile. If a Designation Report is being done by a consultant through the City of College Station, it is estimated an additional 3 months will be needed to establish a contract. Depending on the interest and resources from your neighbors, it may take less, or it could take longer. Surveying and researching each individual property can take a long time, depending on the number of properties in the proposed district. Once the report is complete and the application ready to submit, it takes about 2 to 3 months to go through the rezoning process due to the legal notification requirements for each public hearing. We've been rezoned. Now what? Once an HP Overlay has been established, property owners will need to obtain Certificates of Appropriateness and Certificates of Demolition from the Landmark Commission anytime there are exterior changes on a property within a district. Routine maintenance may be approved by the Historic Preservation Officer. Any changes to contributing structures must be found to have no adverse impact on the architectural features of the structure, the district, or on the future preservation, maintenance, and use of the structure or district. Work on noncontributing structures must be compatible with the overlay and the standards set forth in the Design Guidelines or the Secretary of the Interior's Standards for Rehabilitation in the absence of approved guidelines. Ordinary maintenance like maintaining existing paint (not a change in color) or the replacement of a roof with the same or original material do not require Certificates of Appropriateness, but anyone considering work on their property is encouraged to discuss the work with the Planning and Development Services Staff to determine if a Certificate of Appropriateness is required. Additionally, no property owner may allow a property in an HP Overlay to fall into such a state of disrepair that it has a detrimental effect on the character of the district, and the City may require repairs in order to preserve the integrity of the structure or property. iv~ CITY OF COLLEGE STATION Planning 6 Development Services City of College Station N Landmark Commission Rules of Procedure Draft Article 1. Authority 1.1 Section 2.4.C.4 of the City of College Station Unified Development Ordinance authorizes the Landmark Commission to adopt its own rules of procedure. Article 2. Purpose, Powers and Duties 2.1 Purpose The purpose of the Commission is to exercise the powers authorized by the College MMI, Station City Council under the City of College Station Code of Ordinances and applicable State statutes regarding historic preservation and related matters. 2.2 Powers and Duties The Landmark Commission shall have the powers and duties authorized in Article 2, Development Review Bodies of the Unified Development Ordinance and any other applicable ordinances or laws to make recommendations regarding proposed historic preservation overlay zoning, and determine the issuance of Certificates of Appropriateness and Demolition. The Landmark Commission may also establish subcommittees as needed. Article 3. Organization and Officers 3.1 Appointment The Landmark Commission shall consist of those members appointed by the City Council in accordance with the UDO, and assigned to Positions 1-7 for the purpose of recordkeeping. Appointments are made at times as determined by the City Council. Upon taking the Official Oath of Office given by the City Secretary or designee, the Commissioners shall attend meetings in an official capacity. A. A Chairperson shall be appointed annually by the City Council. 3.2 Membership and Terms A. Terms Landmark Commission January 21, 2009 Page 1 of 4 Rules of Procedure Terms of members of the Landmark Commission shall be as provided in the Unified Development Ordinance. Commissioners with expiring terms seeking reappointment must formally reapply in writing for consideration. Staff shall inform Commissioners of term expiration by January 31s' of the year in which their term expires. B. Term Limits Terms of office shall be as provided in the Unified Development Ordinance. C. Vacancies Vacancies shall be filled as provided in the Unified Development Ordinance. Article 4. Meetings and Procedures 4.1 Meetings Members of the Landmark Commission shall meet monthly as determined by the Chairman. All meetings of the Commission where a quorum is present shall be open to the public. Special meetings or workshops of the Landmark Commission may be called by the Chair or upon request of a majority of the Commission to the chair. 4.2 Quorum A quorum is a majority of the number of members of the Commission. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the Planning and Zoning Commission and the City Council without a majority of positive votes from those members present shall be deemed a negative report. No business shall be conducted or action taken without a quorum of the Commission present. 4.3 Absences In accordance with College Station Ordinance No. 2406, Commissioners shall submit an absence request to the staff liaison. 4.4 Conflict-of-Interest The conflict-of-interest laws require that a member file an affidavit and abstain from participating in, and voting on, items in which a member has a substantial interest. Members of the Commission should refer to SECTIONS 114, 115, AND 116 OF THE COLLEGE STATION CITY CHARTER, CHAPTERS 171 ET SEQ. AND 212.017 OF THE TEXAS LOCAL GOVERNMENT CODE to determine whether the member may have a conflict of interest. Additionally, a member is encouraged to contact the Administrator, being the Planning and Development Services Director or designee, and/or the City Attorney prior to the meeting at which the item will be considered by the Commission. 4.5 Order of Business The order of business shall generally be conducted as follows: A. Regular Meeting Hear Citizens. Landmark Commission January 21, 2009 Page 2 of 4 Rules of Procedure Recognition of Affidavits of Conflict-of-Interest. Regular Agenda Items. Discussion and possible action on future agenda items. Adjourn. C. Order of Presentation Generally, regular items on the agenda shall adhere to the following sequence, unless modified as necessary by the Chair: Public Hearing Items: ❑ Presentation of staff report ❑ Questions of staff by the Commission ❑ Open Public Hearing ❑ Applicant invited to address the Commission ❑ Public invited to address the Commission ❑ Close Public Hearing ❑ Discussion and Action by the Commission Non-Public Hearing Items: ❑ Presentation of staff report ❑ Questions of staff by the Commission ❑ Applicant invited to address the Commission at the discretion of the Chair ❑ Discussion and Action by the Commission 4.6 Rules of Order The Commission shall adopt Robert's Rules of Order for the conduct of its meetings. 4.7 Minutes The Landmark Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. Minutes shall be signed by the Chairman after the Commission approves them. 4.8 Staff The Administrator shall provide staff, as needed, to the Landmark Commission. 4.9 City Attorney The City Attorney is the legal advisor and attorney for the City and all offices and departments. The Administrator shall consult and cooperate with the City Attorney on legal issues pertaining to historic preservation matters. The City Attorney or his/her designee may attend Landmark Commission meetings as necessary. Article S. Continuing Education 5.1 Continuing Education Landmark Commission January 21, 2009 Page 3 of 4 Rules of Procedure As citizen volunteers appointed to the Landmark Commission, Commissioners are encouraged to attend training and continuing education opportunities, as provided by the City of College Station, the Texas Historical Commission, or other professional organizations. 5.2 Annual Training Orientation will occur on an annual basis to train new members of the Landmark Commission. This orientation will include review of the Rules of Procedure and the City's ordinances pertaining to historic preservation. Article 6. Amendments 6.1 Amendments The Commission may amend the Rules of Procedure at its discretion by a majority vote of the Commission. 6.2 Conflict In the case of any conflict between any Ordinance or applicable law and these Rules, the Ordinance or applicable law shall take precedence. PASSED, ADOPTED and APPROVED this day of , 2009. APPROVED: Chair, Landmark Commission ATTEST: Connie Hooks, City Secretary Landmark Commission January 21, 2009 Page 4 of 4 Rules of Procedure FOR OFFICE USE ONLY CASE NO. DATE SUBMITTED ZONING MAP AMENDMENT (REZONING) APPLICATION Historic Preservation (HP) MINIMUM SUBMITTAL REQUIREMENTS If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except with permission of the Planning & Zoning Commission or City Council. The following items must be submitted by an established filing deadline date for consideration: Application completed in full; $500 Application fee; Two (2) copies of a fully dimensioned map on 24" x 36" paper showing the land affected; Written legal description of subject property (metes & bounds if unplatted or a listing of property legal descriptions if properties are platted, whichever is applicable); Inventory and Survey of structures to be included, if not covered in Designation Report; Current photograph of each property to be included, and its improvements; Historical photographs, where available; and Completed Designation Report, to include: A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the designation is based A description of the historical, cultural, and architectural significance of the structures and sites Identification of contributing and noncontributing resources to the district Description of the boundaries of the district including subareas and areas where new construction will be prohibited Date of Preapplication Conference: Date of Required Neighborhood Meeting: NEIGHBORHOOD CONTACT INFORMATION: Name Street Address City E-Mail Address Phone Number Subdivision Name: Acreage - Total Property: ignature of neighborhood representative Date Zip Code State Fax Number c a~ E a~ m O) (6 N C O a) L ~ > O = vi O 0 Q ~ O O M Q O Q (Q i E N C ~ O -0 0 CL ui a O ~ C L 0 O 0 O N M = 0 L Q- U m O O L L Q~ O o E ccfj 0) (O L Q c N O L Q z8 .a H~ wo ~ a q O~ w~ O~ H U _ O CL V d 0 J _ N N L Q~ Q L Q ^ , W CL OU m W L c = = L c ~ O a~ z = a` 3 O RESOURCES AND BIBLIOGRAPHY GENERAL RESOURCES Bucher, Ward ed., Dictionary of Building Preservation, Preservation Press, John Wiley & Sons, Inc., New York, NY 1996. Harris, Cyril M. Illustrated Dictionary of Historic Architecture. Dover Publications, Inc., New York, 1977. McAlester, Virginia and Lee, A Field Guide to American Houses, Alfred A. Knopf, New York, 1986 Prentice, Helaine Kaplan, Rehab Right. City of Oakland Planning Department, Oakland, California 1978. Weeks, Kay D. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring & Reconstructing Historic Buildings. United States Department of the Interior, National Park Service, Washington DC 1995 http://www.nps.gov/hps/tps/standquide/ Preservation Briefs; published by Technical Preservation Services Division, National Park Service, U.S. Department of the Interior. DESIGN GUIDELINES Louisville Landmarks Commission Design Guidelines, Louisville, Kentucky http://www.louisvilleky.gov/PlanningDesign/Standard+Guidelines. htm Preservation Criteria: Historic Landmarks & Historic Districts, City of Grapevine, Texas, 1998. http://www.ci.grapevine.tx.us/individuaiDepartments/HistoricPreservation/DesignGuidelines/t abid/661 /Default.aspx MAGAZINES AND PERIODICALS American Bungalow 123 S. Baldwin Ave, Pasadena, CA, USA Ph: 800/350-3363 http://www.ambungalow.com American Woodworker 33 East Minor St, Emmaus, PA. USA Ph: 215/967-5171 http://www.americanwoodworker.com/ COLLEGE STATION LANDMARK COMMISSION Architecture BPI Communications, 1515 Broadway, New York, NY Ph: 800-745-8922. http://www.architectmagazine.com/ Architecture Record McGraw Hill Company, 1221 Avenues of the Americas, New York NY Ph: 877/876-8093 http:Harchrecord.construction.com/ Bulletins of the Association for Preservation Technology. 4513 Lincoln Avenue, Suite 213, Lisle, Illinois 60532-1290. Ph: 630/968-6400 http://www.apti.org/publications/bulletin.cfm Old House Journal 2 Main St., Gloucester, MA. Ph: 508/283-3200 www. oldhousejournal. com Old House Interiors 2 Main St., Gloucester, MA. Ph: 508/283-3200. http://www.oldhouseinteriors.com/ Period Homes www.period-homes.com Style 1900 17 South Main St, Lambertville, NJ Ph: 609/397-4104 http://www.style1 900.com/ This Old House www.oldhouseweb.com Preservation National Trust for Historic Preservation, 1785 Massachusetts Avenue NW, Washington DC Ph: 800/944-6847 http://www.preservationnation.org Traditional Building 69A Seventh Avenue, Brooklyn, NY Ph: 718/636-0788 http://www.traditional-buildinq.com/ INTERNET RESOURCES AND ORGANIZATIONS American with Disabilities Act Information www.ada.gov American Institute of Architects www.aia.org American Institute for Conservation http://aic.stanford.edu/ COLLEGE STATION LANDMARK COMMISSION American Society of Landscape Architects www.asla.org Association for Preservation Technology International www. apti. o rq Heritage Preservation Services www. heritagepreservation. orq Historic American Buildings Survey/Historic American Engineering Record / http://www.nps.gov/hdp Internet Resources for Heritage Conservation, Historic Preservation and Archeology r www.ncptt.nps.gov/pi National Center for Preservation Technology and Training www.ncptt.nps.gov National Park Service www.nps.org National Register of Historic Places http://www. nps. qov/history/nr/research/nris. htm National Trust for Historic Preservation http://www. preservationnation. orq/ National Trust's Main Street Program / http://www.mainstreet.org Old House Network (Old House Journal, Old House Interiors) http://www.oldhouseweb.com/ http://www. oldhouseiournal. com http://www.oldhouseinteriors.com Technical Preservation Services (NPS) http://www. nr)s.gov/hps/tps/publications. htm Texas Historical Commission www.thc.state.tx.us Traditional Building: The Professional's Source for Historic Products httD://www.traditional-buildina.com/ COLLEGE STATION LANDMARK COMMISSION ADMINISTRATION DIVISION ADMINISTRATION Bob Cowell Director 3760 (60-571) Lance Simms Asst. Director DS 3742 Gabriel Elliott Asst. Director C&NP 3748 Planning & Development Services 3570 Fax 3496 Main Numbers Code Enforcement 6363 Planner on Call 3020 Conference Room 3756 DEVELOPMENT SERVICES DIVISION (Lance) BUILDING Chris Haver Building Official 6254 (62-578) Ben McCarty Plans Examiner (Com.) 3754 Terry Boriskie Plans Examiner (Res.) 3744 David Stone Building Inspector 3559 Oscar Chavarria Building Inspector 3772 Robin Hudson Building Inspector 3803 Brian Binford Building Inspector 3747 CODE Cindy Dillard CE Supervisor 3858 ENFORCEMENT Julie Caler CE Officer 3845 (62-825) Joe Wilbert III CE Officer 3769 Doug Ervin CE Officer 3799 Jim Giles CE Officer 5056 Norberto Adorno CE Officer 3829 Amanda Wyrick CE Officer 5019 DEVELOPMENT Bridgette George Dev'l. Coordinator 3458 COORDINATION Deborah Rosier Staff Assistant 3784 (62-579) Brittany Caldwell Staff Assistant 6252 Nicole Padilla Staff Assistant 3783 Amber Carter Staff Assistant 6361 Bethany Boerboom Staff Assistant 3751 Gina Southerland Customer Service Rep 5045 Christina Court Customer Service Rep 5044 Kristen Green Customer Service Rep 5043 PLANNING DIVISION (Molly) PLANNING Molly Hitchcock Planning Administrator 6251 (63-577) Jennifer Prochazka Senior Planner 3826 Lindsay Kramer Senior Planner 3542 Jason Schubert Staff Planner 3697 Matt Robinson Staff Planner 3757 Lauren Hovde Staff Planner 3584 Matthew Hilgemeir Staff Planner 5030 Crissy Hartl Staff Planner (part-time) 3763 VACANT Planning Intern 6361 NEIGHBORHOOD & COMMUNITY SERVICES DIVISION (Gabe) TRANSPORTATION Joe Guerra Transportation Planner 3556 (64-574) Venessa Garza Greenways Prog. Mgr. 3674 GREENWAYS / GIS (64-580) Michael Trevino GIS Technician 3759 Mandi Alford GIS Technician 3743 NEIGHBORHOOD SERV. Barbara Moore N'hood. Coord. 6262 (64-529) Alan Gibbs City Engineer 5007 Carol Cotter Sr. Asst. City Engineer 3782 DEVELOPMENT Josh Norton Asst. City Engineer 6221 ENGINEERING Erika Bridges Graduate Civil Engr. 3713 Donni 4Vdlix _;~ra ~o'r. S'°c 6'. V Planning & Development Service s Department Divisions & Cost Centers Director Asst Dir Planning Asst Dir Dev'I Serv Admin C&NP Building Develop. Senior Greenways Transp Neighborhood Serv Official Coordiator E g. Mgr. Plan Coord Co ord Code Plans Staff Senior Transp. Neighborh Enforce. Exami ner Assistant Planner GIS Tech Plan. Intern Serv Intern Supv . Code Staff Senior Officer Assistant Planner GIS Tech Code Staff Staff Officer Assistant Planner Code Staff Staff Officer Assistant Planner Code Staff Staff Officer Assistant Planner Code Custome planning Officer r Service Tech Rep. Code me Planning Officer [ vice C : Intern R ep . Plans Bui lding Customer Examiner Inspector Service Rep. Building Building Inspector Inspector F din B g I n,p,ct, , ORDINANCE NO. 2406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, ESTABLISHING AN ATTENDANCE POLICY FOR APPOINTED OFFICIALS SERVING ON BOARDS AND COI UMMEES; ADOPTING A PROCEDURE FOR MIPLEMENTING THE POLICY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council selects volunteers throughout the year to serve on various committees to perform a valuable tribute to the policy making process; and, WHEREAS, the committees and boards should operate with a clear understanding of its purpose and functions and follow simple guidelines in conducting its meetings; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Secretary or her designee is hereby authorized and directed to implement the applicable provisions of this Ordinance as necessary. PART 2: That the provisions of this ordinance shall apply to all boards and committees appointed by the College Station City Council. Each committee and board is established with a number of members required to vote; therefore, it is imperative that members attend each called meeting. PART 3: That the staff liaison assigned to each board or committee shall be responsible for maintaining a record of attendance and reporting such information every six months to the City Secretary. Notification of an absence shall be submitted by the member to the staff liaison on a form provided by the city. PART 4: That this section defines "excused" and "unexcused" for purposes in this ordinance as follows: Excused 1. Vacation 2. Illness 3. Family Emergency 4. Jury Duty 5. Business out of town Ordinance No. 2406 Page 2 Unexcused 1. Failure to inform Chairman of a valid reason or good cause for absence prior to a scheduled meeting 2. Any other absence PART 5: In the event, a board or committee member is absent from three meetings in a twelve month period that are considered unexcused by definition, the City Secretary shall notify the member by letter requesting an explanation for the absences. After reviewing the explanation for absences, if the City Council finds that the absences are unexcused, the City Council may choose to notify the member of the importance of regular attendance or to remove a member for non- attendance, and any range of response in between. The Council's response shall consider the member's prior service, reasons for absence, likelihood of future attendance, and the necessity for the City's board or committee to carry out its responsiblities. The City Council may after due consideration, remove a member of the committee for any other good cause related to performance of duty. This ordinance shall become effective immediately after passage. PASSED, ADOPTED and APPROVED this 12th day of Au s 1999. APPROVED: Mayo Lynn McIlhaney TTEST: Secretary Connie Hooks APPROVED: City of College Station Absence Request Form For Elected and Appointed Officers Name Request Submitted on I will not be in attendance at the meeting of for the reason(s) specified: (Date) C Signature This request shall be submitted to the office of the City Secretary or Board Secretary one week prior to meeting date acoundVabea m".doc PUBLIC ACCESS OPTION FORM The Public Information Act allows employees, public officials and former employees and officials to elect whether to keep certain information about them confidential. Unless you choose to keep it confidential, the following information about you may be subject to public release if requested under the Texas Public Information Act. Therefore, please indicate whether you wish to allow public release of the following information. Home Address No Yes Home Telephone Number No Yes Social Security Number No Yes Information that reveals whether you have family members No Yes Home E-mail Address No Yes Home Fax Number No Yes Work Telephone Number No Yes Work Fax Number No Yes Work E-mail Address No Yes Cell Phone Number No Yes Signature Date (Texas Government Code Section 552.024) --KEY ELEMENTS OF THE AICP/APA ETHICAL PRINCIPLES IN PLANNING Serve the public.interest. Recognize the rights of citizens to participate in the process. Give full, clear, and accurate information. Expand choice and opportunity for all persons. Assist in the clarification of goals. Make information available to the public. Protect the integrity of the natural environment and the heritage of the built environment. .Pay attention to the inter relatedness of decisions. Achieve high standards of proficiency and integrity. Exercise independent judgment. Disclose personal interest and define it broadly. Abstain from participation when you have a personal interest. Seek no gifts or favors. Do not participate as an adviser, decision maker, or advocate on a policy decision in which you have previously been an advocate. Do not use. or disclose confidential information. Do not misrepresent facts. Do not participate unless you are prepared. Respect the rights of all persons. Article 2. Development Review Bodies Section 2.4 Design Review Board 2.4 Landmark Commission A. Creation A Landmark Commission is hereby established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and/or culturally significant districts, areas, sites, buildings, and structures by bringing expertise from the community in those areas related to the designation of Historic Preservation Overlay Districts and protection of the contributing elements within them. B. Membership and Terms 1. The Landmark Commission shall consist of seven (7) regular members and two (2) alternate members. Six (6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: a. One (1) member shall represent one of the following fields or professions: (1) History or (2) Archaeology b. Two (2) members shall be the owners of the following: (1) Property in the City of College Station Historic Marker Program or (2) Property within a Historic Preservation Overlay District. If no Historic Preservation Overlay District has yet been applied to property in the City of College Station, a property owner(s) of land platted prior to 1970 may be considered. c. Two (2) members shall represent any combination of the following fields or professions: (1) Architecture: an architect, previously registered architect, architect registered in another state, or professor in the field of architecture; (2) Landscape architecture: a landscape architect, previously registered landscape architect, landscape architect registered in another state, or professor in the field of landscape architecture; (3) Urban planning: a certified planner, previously certified planner, a planner with at least three (3) years of municipal planning experience, or professor in the field of urban planning; or (4) Historical preservation specialist: an experienced professional who provides technical and strategic expertise to promote the viability, reuse, and integrity of historic buildings and/or property. d. One (1) member shall represent one of the following fields or professions: (1) Banking, finance, or economics; (2) Real estate; or (3) Law. e. One (1) alternate shall represent the membership criteria identified above in subsection b. f. One (1) alternate shall represent any of the fields identified above in subsections a, c, or d. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. The City Council shall prioritize Landmark Commission candidates within each subsection above by their demonstrated expertise and interest in historic preservation. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections a, b, c, or d cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in historic preservation to fill such places. 2-5 Unified Development Ordinance 9/22/08 City of College Station Article 2. Development Review Bodies Section 2.4 Design Review Board 2. Members shall be appointed for three-year terms or until their successors are appointed. Initially, one (1) member from subsection b and one (1) member from subsection c shall have terms of only one (1) year; the members of subsections a and d shall have terms of only two (2) years; and one member from subsection b and one member from subsection c shall have terms of three (3) years. After the initial appointments, two (2) members shall be appointed each year. 3. The Landmark Commission shall comply with the OPEN MEETINGS ACT. C. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Commission shall select a Vice-Chair from among its members, as needed. 2. Meetings Members of the Landmark Commission shall meet monthly and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding The Landmark Commission shall adopt its own rules of procedure. 5. Minutes The Landmark Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Landmark Commission shall have the following powers and duties: Duties a. Review and approve surveys conducted and maintained by the City that include an inventory of significant historic, architectural, and cultural resources within the City of College Station according to guidelines established by the Texas Historical Commission; b. Utilize such surveys to identify potential property appropriate for the application of Historic Preservation Overlays; C. Review and approve surveys conducted and maintained by the City that include an inventory of all properties located within a Historic Preservation Overlay District within the City of College Station; d. Nominate properties to the National Register of Historic Places; e. Establish an ad hoc three-person Economic Review Panel when a property owner in a Historic Preservation Overlay District requests a Certificate of Demolition based on the reason that no economically viable use of the property exists. The Economic Review Panel must be comprised of three independent experts knowledgeable in one or more of the following fields: the economics of real estate, building renovation, or redevelopment. "Independent" as used in this subparagraph means that the expert has no financial interest in the property, its renovation, or redevelopment; is not an employee of the property owner; is not a 2-6 Unified Development Ordinance 9/22/08 City of College Station Article 2. Development Review Bodies Section 2.4 Design Review Board Q city employee; is not a member of the Landmark Commission; and is not compensated for serving on the Economic Review Panel. The Economic Review Panel must consist of one person selected by the Landmark Commission, one person selected by the property owner, and one person selected by the first two appointees. If the first two appointees cannot agree on a third appointee within thirty (30) calendar days after submission of all of the required documentation supporting the application, the third appointee will be selected by the Administrator within five (5) days. Within thirty-five (35) calendar days after submission of all of the required documentation supporting the application, all appointments to the Economic Review Panel shall be made; Act in an advisory role to the City Council of the City of College Station, all appointed boards and commissions, and City departments regarding the protection of local historic, architectural, and cultural resources; Review and make recommendations to the appropriate County Historical Commission of all proposed National Registration nominations for properties within the City of College Station; and Prepare and submit annually to the City Council a report summarizing the work completed during the previous year. a. Recommendations The Landmark Commission shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: a. The effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan as it relates to historic preservation; b. The adoption of text amendments as they relate to the designation of Historic Preservation Overlay Districts and the processes and standards for properties within Historic Preservation Overlay Districts; and c. The designation of Historic Preservation Overlay Districts. The Landmark Commission shall make recommendations to the City Council for the following: a. The utilization of state, federal, or private funds to promote the preservation of Historic Preservation Overlay Districts within the City of College Station, and b. The acceptance of the dedication of Historic Preservation Easements for the purpose of historic preservation. b. Final Action The Landmark Commission shall hear and take final action on the following: a. Applications for Certificates of Appropriateness, b. Applications for Certificates of Demolition, and C. Certifications of properties of Demolition by Neglect, notices to owners of certified Demolition by Neglect properties, and referrals for enforcement. E. Staff The Administrator shall provide staff, including a Historic Preservation Officer, as needed, to the Landmark Commission. Per Ordinance No. 3110 (September 11, 2008) Unified Development Ordinance 9/22/08 2-7 City of College Station Article 2. Development Review Bodies Section 2.4 Design Review Board 2.6 Administrator A. Designation The City Manager shall designate the Administrator for the City of College Station. Where this UDO assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Administrator may reasonably determine. B. Powers and Duties The Administrator shall have the following powers and duties: 1. Administration and Enforcement The Administrator shall administer and enforce the provisions of this UDO. 2. Interpretation The Administrator is responsible for interpreting the provisions of this UDO and the provisions Of CHAPTER 9 OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES (SUBDIVISION REGULATIONS). The Administrator shall make written interpretations of this UDO and SUBDIVISION REGULATIONS, when requested, setting forth the reasons and explanation therefore. 3. Building Permits The Administrator shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDO prior to issuance of a Building Permit by the Building Official. 4. Final Action The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans (not Wolf Pen Creek District site plans); c. Administrative adjustments; d. Minor and amending plats; e. Determination of building plot (Section 7.1, General Provisions); f. Minor Wolf Pen Creek District projects; g. Amendments to the color palette for Northgate roof colors; h. Certificate of Appropriateness Routine Maintenance Work reviews; and L Alternative parking plans (Section 7.2, Off-Street Parking). Other Duties a. The Administrator, or his designee, shall serve as the Historic Preservation Officer (HPO) for the City of College Station, As such, the HPO shall serve as a representative of the Landmark Commission and shall be responsible for coordinating the Landmark Commission's preservation activities with the Historic Preservation Advisory Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. Per Ordinance No. 3110 (September 11, 2008) b. The Administrator shall perform other duties imposed under the provisions of the CITY OF COLLEGE STATION CODE OF ORDINANCES, as amended from time-to-time. 2.7 Building Official A. Designation 2-10 Unified Development Ordinance 9/22/08 City of College Station Article 2. Development Review Bodies Section 2.8 Summary of Review Authority 2.9 Summary of Review Authority The following table summarizes the authority of the various review bodies and staff. . LC Admin. BO DE,,-,,,,1g CITY COUNCIL (CC) _ Oversize Participation D R' Development Agreement D RR R Conditional Use permit D R RR Zoning Map Amendment D R RR Zoning Map Amendment (HP) D R RR PDD / P-MUD Concept Plan D R RR Text Amendment D R RR Comp. Plan Amendment D R RR Impact Fee / CIP Priorities D R PLANNING & ZONING COMMISSION P&Z) Zoning Map Amendment (HP) Master Plans R D R RR RR R Preliminary Plat D RR R Final Plat D RR R Development Plat D RR R Waiver of Subdivision Standard D RR R ZONING BOARD OF ADJUSTMENT ZBA Variance D RR RR RR Administrative Appeal D R Zoning Map Interpretation D R DESIGN REVIEW BOARD (DRB) WPC District Site Plan A D R WPC District Building/Sign Review A D R WPC Parking Waivers A D R NG Waivers D R Non-Residential Arch. Standards Waiver D RR Gateway Grants A D RR LANDMARK COMMISSION LC Certificates of Appropriateness A D RR Certificates of Demolition A D RR ADMINISTRATOR Interpretation A** A D Sign Permit A D Site Plan A A* D Administrative Adjustment A D WPC District Building or Sign, Minor A D Minor or Amending Plat A D R PD Concept Plan Minor Amend. A D Certificate of Appropriateness, Routine A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D R Unified Development Ordinance 9/22/08 2-13 City of College Station Article 2. Development Review Bodies Section 2.8 Summary of Review Authority BUILDING OFFICIAL BO Building Permit D Certificate of Occupancy R D Certificate of Completion R D R DEVELOPMENT ENGINEER DE Development Permit D Driveway Application A D Alternative Const. Material A D *Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only. **SUbdivision i c o ?Iv. KEY: A A ,p, fl R me nr. D- final Action/Decision RR=Review/Report_ Per Ordinance No. 2981 (May 24, 2007) Per Ordinance No. 3007 (September 27, 2007) Per Ordinance No. 3110 (September 11, 2008) C 2-14 Unified Development Ordinance 9/22/08 City of College Station Article 3. Development Review Procedures Section 3.1 General Approval Procedures F. Required Public Notice 1. Summary of Notice Required Notice shall be required for development review as shown in the following table. . S,i ~ , tl~G y4 Zoning Map Amend. (Rezoning) X X X UDO Text Amendment X X Conditional Use Permit X X X Subdivision - Replats* X* X* X Design District - Site Plan/Bldg. X Certificate of Appropriateness X Certificate of Demolition (No economically viable use) X X X Variances - ZBA X X X Appeals - Site Plan & Driveway X Waiver - Subdivision Design X Waiver - Buffer Requirements X Administrative Appeals X X * Only when required per the Local Government Code. Per Ordinance No. 3110 (September 22, 2008) 2. Specific Notice Requirements a. Published Notice A Public Hearing Notice shall be placed by the Administrator at least once in the official newspaper of the City before the 15th day before the date of the hearing for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed. Per Ordinance No. 2906 (June 22, 2006) b. Mailed Notice A notice of public hearing shall be sent to owners of record of real property, as indicated by the most recently approved municipal tax roll, within 200 feet of the parcel under consideration. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail before the 15th day before the date of the hearing. C. Content of Notice A published or mailed notice shall provide at least the following specific information: 1) The general location of land that is the subject of the application; 2) The substance of the application, including the magnitude of proposed development and the current zoning district; 3) The time, date, and location of the public hearing; and 4) A phone number to contact the City. 3. Public Hearing Signs For the purpose of notifying the public, the Administrator may require the installation of a sign on the property prior to the public hearing. The specifications including size, location, and content of public hearing signs shall be established by the Administrator. 3-3 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedure Section 3.1 General Approval Procedures 4. Required Public Hearings The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing. ning o rd of tment Landmark Commission Planning and Zoning Commission city Council Zoning Map Amendment (Rezoning) X X Zoning Map Amendment (Rezoning - Historic Preservation Overlay District) X X X Certificate of Demolition (No economically viable use) X UDO Text Amendment X X Conditional Use Permit X X Subdivision* X Variances - ZBA X * Only when required per the LOCAL GOVERNMENT CODE. Per Ordinance No. 3110 (September 22, 2008) G. Simultaneous Processing of Applications Whenever two or more forms of review and approval are required under this UDO, the applications for those development approvals may, at the option of the Administrator, be processed simultaneously, so long as the approval procedures for each individual application can be completed pursuant to the requirements of this UDO. Such processing shall occur at the applicant's own risk. H. Appeals An appeal of any final decision shall be filed with the appropriate entity within 30 days of the decision by the Administrator or the applicant. If no appeal is filed within 30 days, the decision shall be final. 3.2 Zoning Map Amendment (Rezoning) Preapplication I Conference A. Purpose To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be Application amended based upon changed or changing conditions in a particular Submittal area or in the City generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Section 3.19, Comprehensive Plan Planning & Zoning Amendment. commission B. Initiation of Amendments An amendment to the Official Zoning Map may be initiated by: 1. City Council on its own motion; city 2. The Planning and Zoning Commission; Council 3. The Administrator; or 4. The property owner(s). C 3-4 Unified Development Ordinance 9/22/08 Staff Review City of College Station, Texas Article 3. Development Review Procedures Section 3.1 General Approval Procedures 4. Required Public Hearings The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing. G. Simultaneous Processing of Applications Whenever two or more forms of review and approval are required under this UDO, the applications for those development approvals may, at the option of the Administrator, be processed simultaneously, so long as the approval procedures for each individual application can be completed pursuant to the requirements of this UDO. Such processing shall occur at the applicant's own risk. H. Appeals An appeal of any final decision shall be filed with the appropriate entity within 30 days of the decision by the Administrator or the applicant. If no appeal is filed within 30 days, the decision shall be final. 3.2 Zoning Map Amendment (Rezoning) Preapplication Conference A. Purpose To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be Application amended based upon changed or changing conditions in a particular Submittal area or in the City generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Section 3.19, Comprehensive Plan Planning & Amendment. ing Commmmission B. Initiation of Amendments An amendment to the Official Zoning Map may be initiated by: 1. City Council on its own motion; city 2. The Planning and Zoning Commission; Council 3. The Administrator; or 4. The property owner(s). 3-4 Unified Development Ordinance 9/22/08 Staff Review City of College Station, Texas * Only when required per the LOCAL GOVERNMENT CODE. Per Ordinance No. 3110 (September 22, 2008) Article 3. Development Review Procedures Section 3.2 Zoning Map Amendment (Rezoning) ( C. Amendment Application A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in Section 3.1.C, Application Forms and Fees. 1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use District (P-MUD) shall provide the following additional information: a. A written statement of the purpose and intent of the proposed development; b. A list and explanation of the potential land uses permitted; and c. A concept plan as described in Section 3.4, Concept Plan Review (PDD and P-MUD Districts). Per Ordinance No. 2981 (May 24, 2007) 2. Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide the following additional information: a. An original plat of the subdivision; and b. A petition including dated signatures by sixty percent (60%) of current property owners in the neighborhood in support of the overlay; and c. Contact information for all Neighborhood Association or Homeowners Association committee members. 3. Application requests for a Neighborhood Conservation Overlay District (NCO) shall provide the following additional information: a. An original plat of the subdivision; b. A petition including dated signatures by sixty percent (60%) of the property owners in the neighborhood in support of the overlay; c. Contact information for all Neighborhood Association or Homeowners Association committee members; d. A list of six (6) property owners in the neighborhood to serve on neighborhood stakeholder committee; and e. A checklist of the proposed items to be included in the Conservation Study. Per Ordinance No. 3029 (December 13, 2007) 4. Application request for a Historic Preservation Overlay District shall provide the following additional information: a. An inventory and survey of structures to be included in the rezoning, submitted on a form provided by the Historic Preservation Officer; b. A current photograph of each property included in the rezoning, and its improvements; C. Historical photographs, where available; and d. A completed Designation Report. Upon initiation of the historic designation procedure, the Historic Preservation Officer shall coordinate research to compile a written report regarding the historical, cultural, and architectural significance of the place or area proposed for historic designation at the request of the applicant, but the rezoning application will not be considered complete until the report has been completed. A Designation Report shall include a statement on each of the following to the extent that they apply: 1) A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the nomination is based; 2) A description of the historical, cultural and architectural significance of the structures and sites; 3) Identification of contributing and noncontributing resources to the proposed district; and 4) A description of the boundaries of the proposed Historic Preservation Overlay District, including subareas and areas where new construction will be prohibited. Per Ordinance No. 3110 (September 11, 2008) 3-5 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.2 Zoning Map Amendment (Rezoning) D. Approval Process 1. Preapplication Conference Prior to the submission of an application for a Zoning Map Amendment, all potential applicants shall request a Preapplication Conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this LIDO. If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity or a request for an amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted by the applicant. 2. Neighborhood Meeting Prior to the submission of an application for a Zoning Map Amendment for a NPO or NCO Overlay Rezoning, all potential applicants shall request to set up a Neighborhood Meeting with City Staff. Prior to the submission of an application for a Zoning Map Amendment for a Historic Preservation Overlay District rezoning, all potential applicants shall request a Neighborhood Meeting with the Historic Preservation Officer. The purpose of the meeting is to present information about the proposed overlay and explain the process of rezoning to the neighborhood. Per Ordinance No. 3110 (September 11, 2008) 3. Review and Report by Administrator With the exception of applications for Historic Preservation Overlay Districts, once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. Per Ordinance No. 3110 (September 11, 2008) 4. Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District rezoning shall be reviewed by the Historic Preservation Officer, who shall review the proposed amendment in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and Section 5.10 Historic Preservation Overlay District, and give a report to the Landmark Commission on the date of the scheduled public hearing. Per Ordinance No. 3110 (September 11, 2008) 5. Referral To Landmark Commission The Historic Preservation Officer, upon receipt of an application to amend the Official Zoning Map to a Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study, hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. Per Ordinance No. 3110 (September 11, 2008) 6. Recommendation by Landmark Commission The Landmark Commission shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice. The Landmark Commission shall hold a public hearing and make a recommendation to the Planning and Zoning Commission. Per Ordinance No. 3110 (September 11, 2008) 7. Referral To Planning and Zoning Commission With the exception of applications for Historic Preservation Overlay Districts, the Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. For an application to amend the Official Zoning Map to a Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study, hearing, and report with the report of the Landmark Commission. The City 3-6 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.2 Zoning Map Amendment (Rezoning) Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. Per Ordinance No. 3110 (September 11, 2008) 8. Recommendation by Planning and Zoning Commission The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice. The Commission shall hold a public hearing and recommend to the City Council such action as the Commission deems proper. 9. City Council Action a. Notice The City Council shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice, and hold a public hearing before taking final action on an application to amend the Official Zoning Map. Per Ordinance No. 3110 (September 11, 2008) b. Public Hearing The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Official Zoning Map. C. Effect of Protest to Proposed Amendment If a proposed change to this UDO or rezoning is protested in accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. The protest must be written and signed by the owners of at least 20 percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. d. Review Criteria In determining whether to approve, approve with modifications, or disapprove the proposed Official Zoning Map amendment, the City Council shall consider the following matters regarding the proposed amendment: 1) Consistency with the Comprehensive Plan; 2) Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3) Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment; a) Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; 5) Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and 6) Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use. 7) In addition, for proposed amendments to Historic Preservation Overlay Districts, the City Council shall consider if the proposed amendment contains property(ies) and an environmental setting which meets two or more of the criteria for designation of a Historic Preservation Overlay District as described in Section 5.10.C Criteria for Designation of Historic Preservation Overlay Districts. Per Ordinance No. 3110 (September 11, 2008) 3-7 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.2 Zoning Map Amendment (Rezoning) Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, Texas, the tax records of the City of College Station, and the Brazos County Appraisal District, as well as the official zoning map of the City of College Station. Per Ordinance No. 3110 (September 11, 2008) E. Limitation on Reapplication If an application for rezoning is denied by the City Council, another application for reclassification of the same property or any portion thereof shall not be considered within a period of 180 days from the date of denial, unless the Planning and Zoning Commission finds that one of the following factors are applicable: Per Ordinance No. 3110 (September 11, 2008) 1. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision- making body's application of the relevant review standards to the development proposed in the application; 2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4. The final decision on the application was based on a material mistake of fact. F. Repeal of a Single-Family Overlay District A repeal of a single-family overlay district may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. By petition of sixty percent (60%) of the property owner(s) in the subject district. A repeal of a single-family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein. Per Ordinance No. 3029 (December 13, 2007) 3-8 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.11 Building Permit 3.9 Certificate of Appropriateness A. Applicability 1. Prior to any construction, reconstruction, alteration, restoration, Application or rehabilitation of any structure or any property within a Submittal Historic Preservation Overlay District, or any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or staff other exterior elements visible from a public right-of-way that Review affects the appearance and cohesiveness of any structure or Completeness any property within a Historic Preservation Overlay District, an Review applicant must obtain a Certificate of Appropriateness in accordance with this Section. 2. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a Certificate of Landmark Appropriateness has first been issued as required by the UDO. Commission The Certificate of Appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. B. Application Requirements A complete application for a Certificate of Appropriateness shall be submitted to the Administrator as set forth in Section 3A.C., Application Forms and Fees. The application shall include, where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans showing landscaping features and vegetation species, sizes, and locations; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changes, if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials; and 9. Any other information that the Landmark Commission or Historic Preservation Officer may deem necessary in order to visualize proposed work. C. Certificate of Appropriateness Approval Process Certificate of Appropriateness applications shall be processed in accordance with the following requirements: 1. Preapplication Conference Prior to the submission of an application for Certificate of Appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the preapplication conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO; however, the preapplication conference does not fulfill the requirements for formal review or submittal as set forth in this UDO. 2. Review and Report by the Historic Preservation Officer Upon receipt of an application for a Certificate of Appropriateness, the Historic Preservation Officer shall determine whether the application is to be reviewed under the Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance Work Procedure. If the application is to be reviewed under the Standard Certificate of Appropriateness Review Procedure, the following applies. If the application is to be reviewed under the Routine Maintenance Work Procedure, the procedure in subsection E. below will apply. 3-24 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.10 Certificate of Demolition 3. Under the Standard Certificate of Appropriateness Review Procedure, the Historic Preservation Officer will review the application to determine if the proposed plan is consistent with all applicable provisions of this UDO and the City's Comprehensive Plan. The Historic Preservation Officer will forward his report on the application to the Landmark Commission with a recommendation for approval, denial or conditional approval. 4. Review by the Landmark Commission The Landmark Commission shall review the application in a public meeting and may approve, approve with conditions or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. 5. Final Action by the Landmark Commission If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of Section 5.10 Historic Preservation Overlay District and the review criteria below, the Landmark Commission shall approve the plan. A determination that all requirements and provisions have not been satisfied shall result in disapproval of the plan. D. Criteria for Approval of a Certificate of Appropriateness The Landmark Commission shall approve a Certificate of Appropriateness if it finds: 1. For Contributing Resources: a. The proposed work is consistent with The Secretary of the Interior's Standards for Rehabilitation, The Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings, Preservation Briefs, and all related interpretative documents published by the US Department of Interior; b. The proposed work will not have an adverse effect on the architectural features of the structure; c. The proposed work will not have an adverse effect on the Historic Preservation Overlay district; and d. The proposed work will not have an adverse effect on the future preservation, maintenance, and use of the structure or the Historic Preservation Overlay District. 2. For Non-Contributing Resources: the proposed work is compatible with the Historic Preservation Overlay District. Certificate of Appropriateness Routine Maintenance Work Review Procedure 1. If, upon review of an application for a Certificate of Appropriateness, the Historic Preservation Officer determines that an applicant is seeking a Certificate of Appropriateness to authorize only routine maintenance work, the Historic Preservation Officer shall review the Certificate of Appropriateness application to determine whether the proposed work complies with the regulations contained in this Section and approve, approve with conditions, or deny the application. The Historic Preservation Officer may also forward the application to the Landmark Commission for any reason. 2. Routine Maintenance Work on a property is considered to be: a. The installation of a chimney located on an accessory building, or on the rear fifty percent (50%) of a main building and not part of a corner side facade; b. The installation of an awning located on an accessory building, or on the rear facade of a primary structure; c. The installation of a wood or chain link fence that is not painted or stained; e. The installation of gutters and downspouts of a color that matches or compliments the dominant trim or roof color; f. The installation of skylights and solar panels; g. The installation of storm windows and doors; j. The restoration of original architectural elements; 3-25 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.11 Building Permit 3. The applicant may appeal the Historic Preservation Officer's decision by submitting to the Historic Preservation Officer a written request for appeal within ten (10) calendar days of the decision. Upon the written request for appeal, the Landmark Commission will review the application under the Standard Certificate of Appropriateness Review Procedure. F. Expiration of Approval 1. For plans that do not require the issuance of a building permit, work to complete the plans shall commence and be completed within twenty-four (24) months from the date of approval of the application. The Historic Preservation Officer may authorize a single extension of a Certification of Appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. 2. For plans that require the issuance of a building permit, if a building permit has not been issued for the proposed work within twenty-four (24) months from the date of approval of the application, the Historic Preservation Officer may authorize a single extension of a Certification of Appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A Certification of Appropriateness shall be valid as long as there is a valid building permit. G. Appeals An applicant for a Certification of Appropriateness dissatisfied with the action of the Landmark Commission related to the issuance or denial of a Certification of Appropriateness shall have the right to appeal to the City Council within ten (10) calendar days after the date of such action. In considering an appeal, the City Council shall consider the same standards and evidence that the Landmark Commission was required to consider in making the decision. H. Limitation on Reapplication If a final decision is reached denying a Certificate of Appropriateness, no further applications may be considered for the subject matter of the denied Certificate of Appropriateness for one (1) year from the date of the final decision unlessthe Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient to warrant a new hearing. I. Revocation The Historic Preservation Officer may, in writing, revoke a Certificate of Appropriateness if: 1. The Certificate of Appropriateness was issued on the basis of incorrect information supplied by the applicant, or 2. The work is not performed in accordance with the Certificate of Appropriateness. J. Amendment to a Certificate of Appropriateness A Certificate of Appropriateness may be amended by submitting a new Certificate of Appropriateness application to the Historic Preservation Officer. The application shall then be subject to either the Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance Work Procedure. K. Ordinary Maintenance Other than the Routine Maintenance Work listed above, a Certificate of Appropriateness shall not be required for the ordinary maintenance and repair of any exterior architectural feature of a property within a Historic Preservation Overlay District which does not involve a change in design, material, or outward appearance such as: 1. The replacement of a roof of the same or an original material that does not include a change in color; 2. The application of paint that is the same as the existing; 3. Minor repair using the same material and design as the original; 4. The repair of sidewalks and driveways using the same type and color of materials; 3-26 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.10 Certificate of Demolition 5. The process of cleaning (including but not limited to low-pressure water blasting and stripping, but excluding sandblasting and high-pressure water blasting); and 6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non-original architectural features (including but not limited to roofing, windows, columns, and siding) in order to maintain the structure and to slow deterioration. F. Temporary Emergency Repairs If the Building Official determines that a building or structure in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may take any action authorized under the CITY OF COLLEGE STATION CODE OF ORDINANCES to make the building or structure safe without the requirement of a Certification of Appropriateness. The Building Official shall send a written report of such actions to the Landmark Commission. Per Ordinance No. 3110 (September 11, 2008) 3.10 Certificate of Demolition A. Applicability 1. Prior to any demolition or removal of any structure or portion thereof on any property within a Historic Preservation Overlay Application Submittal District, an applicant must obtain a Certificate of Demolition in accordance with this Section. Starr Review 2. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a Certificate of Completeness Demolition required by the UDO has first been issued by the Review Landmark Commission. The Certificate of Demolition shall be in addition to, and not in lieu of, any building permit that may be Economic Review required by any other ordinance of the City of College Station. Panel (when 3. No permit for the demolition of a structure or property within a necessary) Historic Preservation Overlay District, including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for and approval of a Certificate of Demolition by the Landmark Commission. Landmark Commission B. Application Requirements A property owner seeking demolition or removal of a structure, including secondary buildings and landscape features, on a property in a Historic Preservation Overlay District shall submit a complete application for a Certificate of Demolition to the Administrator as set forth in Section 3.1.C., Application Forms and Fees. The application shall include: 1. An affidavit in which the owner swears or affirms that all information submitted in the application is true and correct. 2. An indication that the demolition or removal is sought for one or more of the following reasons: a. To replace the structure with a new structure that is more appropriate and compatible with the Historic Preservation Overlay District; b. No economically viable use of the property exists; C. The structure poses an imminent threat to public health or safety; or d. The structure is noncontributing to the Historic Preservation Overlay District because it is newer than the period of historic significance. 3. An application "To replace the structure with a new structure that is more appropriate and compatible with the Historic Preservation Overlay District" shall also include: a. Records depicting the original construction of the structure, including drawings, pictures, or written descriptions where available; 3-27 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.11 Building Permit b. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; c. Any conditions proposed to be placed voluntarily on the new structure that would mitigate the loss of the structure; d. Complete architectural drawings of the new structure; and e. A guarantee agreement between the owner and the City that demonstrates the owner's intent and financial ability to construct the new structure. The guarantee must: 1) Contain a statement of intent to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Appropriateness process; 2) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement acceptable to the Administrator to ensure construction of the new structure; and 3) Be approved as to form by the City Attorney. 4. An application that "No economically viable use of the property exists" shall also include: a. The past and current uses of the structure and property; b. The name of the owner. 1) If the owner is a legal entity, the type of entity and states in which it is registered. 2) The date and price of purchase or other acquisition of the structure and property, and the party from whom acquired, and the owner's current basis in the property. 3) The relationship, if any, between the owner and the party from whom the structure and property were acquired. (If one or both parties to the transaction were legal entities, any relationships between the officers and the board of directors of the entities must be specified.); 4) The assessed value of the structure and property according to the two most recent tax assessments; 5) The amount of real estate taxes on the structure and property for the previous two (2) years; 6) The current fair market value of the structure and property as determined by an independent licensed appraiser; 7) All appraisals obtained by the owner and prospective purchasers within the previous two (2) years in connection with the potential or actual purchase, financing, or ownership of the structure and property; 8) All listings of the structure and property for sale or rent within the previous two (2) years, prices asked, and offers received; 9) A profit and loss statement for the property and structure containing the annual gross income for the previous two (2) years; itemized expenses (including operating and maintenance costs) for the previous two (2) years, including proof that adequate and competent management procedures were followed; the annual cash flow for the previous two (2) years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's investment and labor; 10) A mortgage history of the property during the previous five (5) years, including the principal balances and interest rates on the mortgages and the annual debt services on the structure and property; 11) All capital expenditures during the current ownership; 12) Records depicting the current conditions of the structure and property, including drawings, pictures, or written descriptions; 13) A study of restoration of the structure or ro erty p p y, performed by a licensed architect, engineer or financial analyst, analyzing the physical feasibility 3-28 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3, Development Review Procedures Section 3.10 Certificate of Demolition (including architectural and engineering analyses) and financial feasibility (including pro forma profit and loss statements for a ten (10) year period, taking into consideration redevelopment options and all incentives available) of adaptive use of restoration of the structure and property; 14) Any consideration given by the owner to profitable adaptive uses for the structure and property; 15) Construction plans for any proposed development or adaptive reuse, including site plans, floor plans, and elevations; 16) Any conditions proposed to be placed voluntarily on new development that would mitigate the loss of the structure; and 17) Any other evidence that shows that the affirmative obligation to maintain the structure or property makes it impossible to realize a reasonable rate of return. 5. An application to demolish or remove a structure that "Poses an imminent threat to public health or safety" shall also include: a. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; b. A study regarding the nature, imminence, and severity of the threat, as performed by a licensed architect or engineer; and c. A study regarding both the cost of restoration of the structure and the feasibility (including architectural and engineering analyses) of restoration of the structure, as performed by a licensed architect or engineer. 6. An application to demolish or remove a structure that is "Noncontributing to the Historic Preservation Overlay District because the structure is newer than the period of historic significance" shall also provide: a. Documentation that the structure is noncontributing to the Historic Preservation Overlay District; b. Documentation of the age of the structure; and c. A statement of the purpose of the demolition. 7. Any other evidence the property owner wishes to submit in support of the application. 8. Any other evidence requested by the Landmark Commission or the Historic Preservation Officer. C. Certificate of Demolition Approval Process Certificate of Demolition applications shall be processed in accordance with the following requirements: 1. Preapplication Conference Prior to the submission of an application for Certificate of Demolition, all potential applicants may request a preapplication conference with the Administrator. The purpose of the preapplication conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO; however, the preapplication conference does not fulfill the requirements for formal review or submittal as set forth in this LIDO. 2. Application When a complete application for a Certificate of Demolition has been submitted to the City, the application will begin a mandatory sixty (60) day stay of demolition. The Certificate of Demolition approval process will continue concurrently with the stay of demolition, but the Landmark Commission shall not take final action before the stay of demolition has expired. 3. Review and Report by the Historic Preservation Officer If the application is determined to be consistent with all applicable provisions of this UDO and the City's Comprehensive Plan, or if the application is recommended for denial or conditional approval, the Historic Preservation Officer shall report such consistency, inconsistency, or proposed conditions to the Landmark Commission. 3-29 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.11 Building Permit 4. Review by an Economic Review Panel For an application that "No economically viable use of the property exists", within thirty- five (35) days after appointment of the Economic Review Panel as provided in Section 2.4, the Economic Review Panel shall review the submitted documentation; hold a public hearing; consider all options for renovation, adaptive reuse, and redevelopment; and forward a written recommendation to the Landmark Commission. The Historic Preservation Officer shall provide administrative support to the Economic Review Panel. The Economic Review Panel's recommendation shall be based on the same standard for approval to be used by the Landmark Commission. An application that no economically viable use of the property exists will not be considered complete until the Economic Review Panel has made its recommendation to the Landmark Commission. If the Economic Review Panel is unable to reach a consensus, the report will indicate the majority and minority recommendations. If the Economic Review Panel does not meet within thirty-five (35) days after appointment, a recommendation of no economically viable use of the property will be forwarded to the Landmark Commission. 5. Review by the Landmark Commission The Landmark Commission shall review the application for Certificate of Demolition in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. 6. Final Action by the Landmark Commission If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of Section 5.10 Historic Preservation Overlay District, and the review criteria below, the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. The property owner has the burden of proof to establish by clear and convincing evidence the necessary facts to warrant favorable action by the Landmark Commission. D. Criteria for Approval of a Certificate of Demolition In considering an application for a Certificate of Demolition, the Landmark Commission shall deny the application unless it makes the following findings: 1. The Landmark Commission shall deny an application for a Certificate of Demolition to replace a structure with a new structure unless it finds that: a. The new structure is more appropriate and compatible with the Historic Preservation Overlay District than the structure to be demolished or removed; and b. The owner has the financial ability and intent to build the new structure. The Landmark Commission must first approve the Certificate of Appropriateness for the proposed new structure and the guarantee agreement to construct the new structure before it may consider the application for a Certificate of Demolition. 2. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure because of no economically viable use of the property unless it finds that: a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed (a reasonable economic return does not have to be the most profitable return possible); b. The structure cannot be adapted for any other use, whether by the owner or by a purchaser, which would result in a reasonable economic return; and c. The owner has failed during the last two (2) years to find a developer, financier, purchaser, or tenant that would enable the owner to realize a reasonable economic return, despite having made substantial ongoing efforts to do so. 3. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure that poses an imminent threat to public health or safety unless it finds that: a. The structure constitutes a documented major and imminent threat to public health and safety; 3-30 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.10 Certificate of Demolition b. The demolition or removal is required to alleviate the threat to public health and safety; and c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure that is noncontributing to the Historic Preservation Overlay District because it is newer than the period of historic significance unless it finds that: a. The structure is noncontributing to the Historic Preservation Overlay District; b. The structure is newer than the period of historic significance for the Historic Preservation Overlay District; and c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the Historic Preservation Overlay District. E. Appeals 1. Any interested person may appeal the decision of the Landmark Commission to the City Council by filing a written notice with the Administrator within ten (10) calendar days after the decision of the Landmark Commission. If no appeal is made of a decision to approve a Certificate of Demolition within the 10-day period, the Building Official shall issue the permit to allow demolition or removal. If an appeal is filed, the City Council shall hear and decide the appeal within sixty-five (65) calendars days of its filing. 2. In considering an appeal, the City Council shall consider the same standards and evidence that the Landmark Commission was required to consider in making the decision. F. Limitation on Reapplication If a final decision is reached denying a Certificate of Demolition, no further applications may be considered for the subject matter of the denied Certificate of Demolition for one (1) year from the date of the final decision unless the Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient to warrant a new hearing. G. Expiration of Approval A Certificate of Demolition expires if the work authorized by the Certificate of Demolition is not commenced within 180 days from the date of final approval. A final, one-time extension for the commencement of work of 90 days may be granted by the Administrator upon written request by the applicant showing circumstances beyond the control of the applicant. If the Certificate of Demolition expires, a new Certificate of Demolition must first be obtained before . the work can commence. H. Demolition by Neglect 1. Prohibition No owner or person with an interest in real property included within a Historic Preservation Overlay District shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature or structural compromise which would, in the judgment of the Landmark Commission, produce a detrimental effect upon the character of the Historic Preservation Overlay District as a whole or the life and character of the property itself. Examples of such deterioration include, but are not limited to: • Deterioration of the foundation. • Deterioration of floor supports or the addition of floor supports that are insufficient to carry the loads imposed. • Deterioration of walls, windows, doors, or other vertical supports, or the addition of such supports that are of insufficient size or strength to carry the loads imposed. • Deterioration of roof or other horizontal members. • Deterioration of exterior chimneys. • Deterioration or crumbling of exterior stucco or mortar. • Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. 3-31 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.11 Building Permit • Defective weather protection or lack of weather protection for exterior wall coverings, including lack of paint or other protective coating. • Any fault, defect, or condition in the structure that renders it structurally unsafe or not properly watertight. • Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. 2. Procedure a. Purpose The purpose of the Demolition by Neglect procedure is to allow the Landmark Commission to work with the property owner to encourage maintenance and stabilization of the structure and identify resources available before any enforcement action is taken. b. Request for investigation Any interested party may request that the Historic Preservation Officer investigate whether a property is being Demolished by Neglect. c. First meeting with the property owner Upon receipt of a request, the Historic Preservation Officer and City Building Official shall meet with the property owner or the property owner's agent with control of the structure to inspect the structure and discuss the resources available for financing any necessary repairs. After the meeting, the Historic Preservation Officer shall prepare a report for the Landmark Commission on the condition of the structure, the repairs needed to maintain and stabilize the structure, any resources available for financing the repairs, and the amount of time needed to complete the repairs. d. Certification and notice After review of the report in a public meeting, the Landmark Commission may vote to certify the property as a Demolition by Neglect case. If the Landmark Commission certifies the structure as a Demolition by Neglect case, the Landmark Commission shall notify the property owner or the property owner's agent with control over the structure of the repairs that must be made. The notice must require that repairs be started within thirty (30) days and set a deadline for completion of the repairs. The notice shall be sent by certified mail. e. Second meeting with the property owner The Historic Preservation Officer and the City Building Official shall meet with the property owner or the property owner's agent with control over the structure at least within sixty (60) days after the notice was sent to inspect any repairs. f. Referral for enforcement If the property owner or the property owner's agent with control over the structure fails to start repairs by the deadline set in the notice, fails to make continuous progress toward completion, or fails to complete repairs by the deadline set in the notice, the Landmark Commission may refer the Demolition by Neglect case to the City's Code Enforcement Division for appropriate enforcement action to prevent Demolition by Neglect. I. Demolition by Condemnation Reasonable attempts to engage a property owner in a Demolition by Neglect procedure shall be made when there is concern for the deterioration of a structure, but when a structure or equipment is found by the City Building Official to be a dangerous structure, the provisions of the City of College Station Code of Ordinances regulating dangerous structures will apply. J. Historic Preservation Fund 1. The City of College Station, in cooperation with community organizations, shall develop appropriate funding structures and shall administer the historic preservation fund. 2. The historic preservation fund is composed of the following funds: a. Outside funding (other than City general funds or capital funds), such as grants and donations, made to the City for the purpose of historic preservation and funding partnerships with community organizations. b. Damages recovered pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION 315.006 from persons who illegally demolish or adversely affect historic structures. 3. The outside funding may be used for financing the following activities: a. Necessary repairs in Demolition by Neglect cases; 3-32 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 3. Development Review Procedures Section 3.10 Certificate of Demolition b. Full or partial restoration of low-income residential and nonresidential structures; c. Full or partial restoration of publicly owned historic structures; d. Acquisition of historic structures, places, or areas through gift or purchase; e. Public education of the benefits of historic preservation or the regulations governing Historic Preservation Overlay Districts; and f. Identification and cataloging of structures, places, areas, and districts of historical, cultural, or architectural value along with factual verification of their significance. 4. Damages recovered pursuant to Texas Local Government Code Section 315.006 must be used only for the following purposes: a. Construction, using as many of the original materials as possible, of a structure that is a reasonable facsimile of a demolished historic structure; b. Restoration, using as many of the original materials as possible, of the historic structure; and c. Restoration of another historic structure. Per Ordinance No. 3110 (September 11, 2008) 3.11 Building Permit A. Building Permit Required No building or other structure shall hereafter be erected, moved, g ~ i Application Submittal added to, structurally altered, repaired, demolished, or occupancy changed without a permit issued by the Building Official except in Staff conformity with the provisions of this section and the 2003 Review INTERNATIONAL BUILDING CODE as adopted and amended by the City, Completeness unless otherwise provided for in the CITY OF COLLEGE STATION CODE OF Review ORDINANCES. No Building Permit issued under the provisions of this Article for land use or construction in the City shall be considered valid unless signed by the Building Official. Per Ordinance No. 3110 (September 11, 2008) Building Official B. Application for Building Permit Applications for Building Permits for single-family, duplex, or townhouse structures shall be accompanied by one (1) set of complete plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration, easements, and required setbacks. Applications for multi-family and commercial structures shall be accompanied by three (3) sets of complete plans, drawn to scale, including the approved site plan as required in Section 3.5, Site Plan Review. Additional sets of plans shall be supplied to the Building Official upon request. 2. The application shall include such other information as lawfully may be required by the Building Official or the Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this UDO. 3. One copy of the plans shall be returned to the applicant by the Building Official after it is marked as either approved, approved with conditions, or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, and the associated site plan shall be retained by the Building Official. 4. Where applicable, applicants shall submit information and materials required in Section 7.5, Landscaping and Tree Protection. 5. Where applicable, applicants shall submit information and materials required in Section 7.10 Non-Residential Architectural Standards. 3-33 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 4. Zoning Districts Section 4.2 Official Zoning Map Article 4. Zoning Districts 4.1 Establishment of Districts For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO. Residenti A-0 al Zoning Districts Agricultural-Open A-OR Rural Residential Subdivision R-1 Single-Family Residential R-113 Single-Family Residential R-2 Duplex Residential R-3 Townhouse R-4 Multi-Family R-6 High Density Multi-Family R-7 Non-Resi Manufactured Home Park dential Zoning Districts A-P Administrative / Professional C-1 General Commercial C-2 Commercial-Industrial C-3 Light Commercial M-1 Light Industrial M-2 Heavy Industrial C-U College and University R & D Planned Research & Development Districts P-MUD Planned Mixed-Use District PDD Design D Planned Development District istricts WPC Wolf Pen Creek Development Corridor NG-1 Core Northgate Northgate NG-2 Transitional Northgate Overlay D NG-3 Residential Northgate istricts OV Corridor Overlay RDD Redevelopment District KO Krenek Tap Overlay NPO Neighborhood Prevailing Overlay NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay Per Ordinance No. 2881 (March 23, 2006) Per Ordinance No. 3029 (December 13, 2007) Per Ordinance No. 3110 (September 11, 2008) 4-1 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 5. District Purpose Statements and Supplemental Standards 5.9 Single-Family Overlay Districts a) In front of the single- family structure; or b) To the side of the single-family structure; or c) To the rear of the single-family structure. I ■ I I I I Front of home Side of home Rear of home I L - - - - - - - - - - - - - - - - - 11) Off-street parking If off-street parking is selected for inclusion, the neighborhood stakeholder committee may set a minimum off-street parking standard of 3 spaces per residential unit, however, it may not be included without also including maximum lot coverage, garage access, connection, and location in the Conservation Study. 12) Building Materials If Building Materials is selected for inclusion, the neighborhood stakeholder committee may select required building materials and set a minimum percentage for the use of those materials for facades facing a right-of-way. Required materials may only include types of building materials used in the subject neighborhood. The Conservation Study should include a listing of all types of materials used in the district as well as the median percentage on building facades facing a right-of-way. The percentage of use of a required material may only be placed on facades facing a right-of-way and may not exceed the median existing percentage of the materials on building facades facing a right-of-way. 13) Fencing If Fencing is selected for inclusion, the neighborhood stakeholder committee may select required materials and maximum height. Per Ordinance No. 3029 (December 13, 2007) 5.10 Historic Preservation Overlay District A. Purpose The Historic Preservation Overlay District is intended to provide for the protection and preservation of places and areas of historical, cultural, and architectural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district has the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural, and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. To insure the harmonious, orderly, and efficient growth and development of the City; 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; and 6. To encourage stabilization, restoration, and improvements of such properties and their values. C B. Applicability The Historic Preservation Overlay District may be applied to districts, areas, or individual property, regardless of the base zoning district or current use of the property(ies), that: 5-33 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 5. District Purpose Statements and Supplemental Standards 5.9 Single-Family Overlay Districts 1. Are at least forty (40) years old; 2. Meet at least two (2) of the criteria listed below; and 3. Possess integrity that is evident through historic qualities including Location, Design, Setting, Materials, Workmanship, Feeling, and Association. C. Criteria for Designation of Historic Preservation Overlay Districts A property or district may be designated if it: 1. Possesses significance in history, architecture, archeology, and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type, period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman; 6. Represents an established and familiar visual feature of the neighborhood or city; or 7. Is eligible for listing on the National Register of Historic Places, Recorded Texas Historic Landmark, or a State Archaeological Landmark, as determined by the Texas Historical Commission. D. Removal of a Historic Preservation Overlay District Upon recommendation of the Landmark Commission to the Planning and Zoning Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth in this UDO for designation, the Planning and Zoning Commission may recommend to the City Council and the City Council may remove an Historic Preservation Overlay District made under this section. Per Ordinance No. 3110 (September 11, 2008) 5-34 Unified Development Ordinance 9/22/08 City of College Station, Texas Article 10. Enforcement Section 10.5 Specific Penalties for Certificates of Appropriateness and Certificates of Demolition Article 10. Enforcement 10.5 Specific Penalties for Certificates of Appropriateness and Certificates of Demolition A. A person is criminally responsible for a violation of Sections 3.9 Certificate of Appropriateness and 3.10 Certificate of Demolition if: 1. The person owns part or all of the property where the violation occurs, 2. The person is the agent of the owner of the property and is in control of the property, or 3. The person commits the violation or assists in the commission of the violation. B. Any person who adversely affects or demolishes a structure on property in a historic overlay district in violation of Sections 3.9 Certificate of Appropriateness and 3.10 Certificate of Demolition is liable pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION 315.006 for damages to restore or replicate, using as many of the original materials as possible, the structure to its appearance and setting prior to the violation. No Certificates of Appropriateness or building permits will be issued for construction on the site except to restore or replicate the structure. When these restrictions become applicable to a site, the Administrator shall cause to be filed a verified notice in the county deed records and these restrictions shall be binding on future owners of the property. These restrictions are in addition to any fines imposed. C. Prosecution in municipal court for an offense under this Section does not prevent the use of other enforcement remedies or procedures provided by other City ordinances or state of federal laws applicable to the person(s) charged with or the conduct involved in the offense. 10-1 Unified Development Ordinance 12/24/07 City of College Station, Texas Article 11. Definitions Section 11.2 Defined Terms Article 11. Definitions 11.2 Defined Terms Historic Preservation Easement: An easement that protects a significant historic, archaeological, or cultural resource. It provides assurance that a property's intrinsic values will be preserved through future ownership. A building, portion of a building (such as the facade), or a bridge, dam, or any other kind of structure may qualify. A Historic Preservation Easement may also protect a historic landscape, battlefield, traditional cultural place, or archaeological site. Historic Preservation Overlay District definitions (applicable only in reference to Historic Preservation Overlay district): Association: Link of a property that contributes to a Historic Preservation Overlay District with a historic event, activity, or person. Also, the quality of integrity through which a property is linked to a particular past time and place. Contributing Resource: A building, site, structure or object in a Historic Preservation Overlay District that supports the District's historical significance through Location, Design, Setting, Materials, Workmanship, Feeling, or Association. Design: Quality of integrity applying to the elements that create the physical form, plan, space, structure, and style of a property. Feeling: Quality of integrity through which a property that contributes to a Historic Preservation Overlay District evokes the aesthetic or historic sense of past time and place. Integrity: Authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. Location: Quality of integrity retained by a property that contributes to a Historic Preservation Overlay District historic property existing in the same place as it did during the period of significance. Materials: Quality of integrity applying to the physical elements that were combined or deposited in a particular pattern or configuration to form a property that contributes to a Historic Preservation Overlay District. Non-Contributing Resource: A building, site, structure, or object in a Historic Preservation Overlay District that does not support the District's historical significance through Location, Design, Setting, Materials, Workmanship, Feeling, or Association. Setting: Quality of integrity applying to the physical environment of a property that contributes to a Historic Preservation Overlay District. Workmanship: Quality of integrity applying to the physical evidence of the crafts of a particular culture, people, or artisan. CITY OF COLLEGE STATION PO Box 9960 * 1101 Texas Avenue * College Station, TX 77842 Tel: 979-764-3500 CONFLICT OF INTEREST PROVISIONS FOR MAYOR, COUNCIL MEMBBERS AND BOARD MEMBERS Home of Texas A&M University Other Conditions Section 112. All franchises heretofore granted are recognized as contracts between the City of College Station and the grantee, and the contractual rights as contained in any such franchises shall not be impaired by the ?rovisions of this charter, except that the power of the City of College Station to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved; and except the general power of the City heretofore existing and herein provided for to regulate the rates and services of a grantee, which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereinafter granted shall be held subject to all the terms and conditions contained in the various sections of this article, whether or not such terms are specifically mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as specifically stated, the discretion of the City Council or the voters of the City in imposing terms or conditions as may be reasonable in connection with any franchise grant. Franchise Records Section 113. Within six (6) months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the City Council, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City of College Station. The City shall compile and maintain a public record of public utility franchises. ARTICLE XII GENERAL PROVISIONS Publicity of Records Section 114. Records and accounts of every office, department, or agency of the City shall be open for ispection and copying as provided by V.T.C.A., GOVERNMENT CODE, CH. 552, Public Information, as amended. Personal Interest Section 115. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially 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; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance 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 shall render the contract voidable by the City Council or City Manager. No Officer or Employee to Accept Gifts Section 116. No officer or employee of the City of College Station shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying the grant of any franchise, privilege or easement from the city during the term of office of such officer, or during the employment of such employee, except as may be authorized by law or ordinance; provided, however, that policemen and firemen in uniform or wearing their official badges may accept such free services where the same is permitted by 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 shall forthwith be removed from office. College Station City Charter Amended 5132006-Page 23 PUBLIC OFFICERS AND EMPLOYEES (c) An individual suffering retaliation, reprisal, or discrimination in violation of this section is entitled to reasonable attorney's fees as a result of successful court action regarding the retaliation, reprisal, or discrimination. Added by Acts 1989, 71st Leg., ch. 1, § 39(a), eff. Aug. 28, 1989. § 160.007. Prospective Application of Chapter and Amended Order (a) This Act applies only to a grievance based on events that occur on or after June 20, 1987. (b) If the commissioners court amends an order adopted under this chapter, the amended order does not apply to a grievance alleged to have occurred before the date of the amended order. Added by Acts 1989, 71st Leg., ch. 1, § 39(a), eff. Aug. 28, 1989. CHAPTER 170. MISCELLANEOUS PRO- VISIONS AFFECTING COUNTY OF- FICERS AND EMPLOYEES Section 170.001. Regulation of Certain Use of Privately Owned Vehicles. § 170.001. Regulation of Certain Use of Privately Owned Vehicles (a) The commissioners court of a county may adopt rules prohibiting or regulating the use of a privately owned motor vehicle for the performance of county business or law enforcement duties by a sheriff or constable or a deputy of a sheriff or constable. (b) This section does not authorize a commissioners court to adopt rules relating to the private use of a privately owned motor vehicle. Added by Acts 1999, 76th Leg., ch. 644, § 2, eff. Sept. 1, 1999. Redesignated from V.T.C.A., Local Government Code § 240.906 by Acts 2001, 77th Leg., ch. 1420, § 12.001, eff. Sept. 1, 2001. SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF MORE THAN ONE TYPE OF LOCAL GOVERNMENT CHAPTER 171. REGULATION OF CONFLICTS OF INTEREST OF OFFICERS OF MUNICI- PALITIES, COUNTIES, AND CERTAIN OTH- ER LOCAL GOVERNMENTS Section 171.001. Definitions. § 171.002 Section 171.002. Substantial Interest in Business Entity. 171.0025. Application of Chapter to Member of Higher Education Authority. 171.003. Prohibited Acts; Penalty. 171.004. Affidavit and Abstention From Voting Required. 171.005. Voting on Budget. 171.006. Effect of Violation of Chapter. 171.007. Common Law Preempted; Cumulative of Munici- pal Provisions. 171.008. Renumbered. 171.009. Service on Board of Corporation for No Compen- sation. 171.010. Practice of Law. § 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, cen- tral 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 oth- er entity recognized by law. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 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 business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the busi- ness entity exceed 10 percent of the person's gross income for the previous year. (b) A person has a substantial interest in real prop- erty 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;-consan- guinity or affinity, as determined under Chapter 573, 385 § 171.002 LOCAL GOVERNMENT CODE Government Code, has a substantial interest under this section. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 561, § 37, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 849, § 1, eff. Sept. 1, 1997. § 171.0025. Application of Chapter to Member of Higher Education Authority This chapter does not apply to a board member of a higher education authority created under Chapter 53, Education Code, unless a vote, act, or other partic- ipation 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 ben- efit available to any other similar financial institu- tion or other school, college, or university whose students are eligible for a student loan available under Chapter 53, Education Code. Added by Acts 1989, 71st Leg., ch. 1, § 41(a), eff. Aug. 28, 1989. § 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. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989. § 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. (1) 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 (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. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989. § 171.005. Voting on Budget (a) The governing body of a governmental entity shall take a separate vote on any budget item specifi- cally dedicated to a contract with a business entity in which a member of the governing body has a substan- tial interest. (b) Except as provided by Section 171.004(c), the affected member may not participate in that separate vote. The member may vote on a final budget if: (1) the member has complied with this chapter; and (2) the matter in which the member is concerned has been resolved. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renum- bered from § 171.006 and amended by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989. § 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. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renum- bered from § 171.008 by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989. 386 PUBLIC OFFICERS AND EMPLOYEES § 171.007. Common Law Preempted; Cumulative of Municipal Provisions (a) This chapter preempts the common law of con- flict of interests as applied to local public officials. (b) This chapter is cumulative of municipal charter provisions and municipal ordinances defining and pro- hibiting conflicts of interests. Amended by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 28, 1989. § 171.008. Renumbered as § 171.006 by Acts 1989, 71st Leg., ch. 1, § 40(a), eff. Aug. 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 non- profit corporation or other nonprofit entity. Added by Acts 1989, 71st Leg., ch. 475, § 2, eff. Aug. 28, 1989. § 171.010. Practice of Law (a) For purposes of this chapter, a county judge or county commissioner engaged in the private practice of law has a substantial interest in a business entity if the official has entered a court appearance or signed court pleadings in a matter relating to that business entity. (b) A county judge or county commissioner that' has a substantial interest in a business entity as described by Subsection (a) must comply with this chapter. (c) A judge of a constitutional county court may not enter a court appearance or sign court pleadings as an attorney in any matter before: (1) the court over which the judge presides; or (2) any court in this state over which the judge's court exercises appellate jurisdiction. (d) Upon compliance with this chapter, a county judge or commissioner may practice law in the courts located in the county where the county judge or commissioner serves. Added by Acts 2003, 78th Leg., ch. 227, § 21, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1206, § 3, eff. June 20, 2003. ' As added by Acts 2003, 78th Leg., ch. 227, § 21, eff. Sept. 1, 2003, the text reads, "county commissioner who...". § 172.002 CHAPTER 172. TEXAS POLITICAL SUBDIVISIONS UNIFORM GROUP BENEFITS PROGRAM Section 172.001. Short Title. 172.002. Purpose. 172.003. Definitions. 172.004. Benefits Contract. 172.005. Risk Pool_ 172.006. Supervision and Administration of Pool. 172.007. Trustee Training. 172.008. Excess Loss Coverage and Reinsurance. 172.009. Investments. 172.010. Audits. 172.011. Insolvency. 172.012. Limitation of Risk Pools. 172.013. Payment. of Contributions and Premiums. 172.014. Application of Certain Laws. 172.015. Subrogation; Adequate Recovery. 172.016. Status of Affiliated Service Contractors. § 172.001. Short Title This chapter may be cited as the Texas Political Subdivision Employees Uniform Group Benefits Act. Added- by Acts 1989, 71st Leg., ch. 1067, § 1, eff. Sept. 1, 1989. § 172.002. Purpose The purpose of this chapter is to: (1) provide uniformity in benefits including acci- dent, health, dental, and long-term disability cover- age to employees of political subdivisions; (2) enable the political subdivisions to attract and retain competent and able employees by providing them with accident and health benefits coverages at least equal to those commonly provided in private industry; (3) foster, promote; and encourage employment by and. service to political subdivisions as a career profession for persons of high standards of compe- tence and ability; (4) recognize and protect the political subdivi- sions' investment in each permanent employee by promoting and preserving economic security and good health among those employees; (5) foster and develop high standards of employ- er-employee relationships between each political subdivision and its employees; (6) recognize the service to political subdivisions by elected officials and employees of affiliated ser- vice contractors by extending to them the same 387 LAND USE & RELATED ACTIVITIES (C) the amendment does not increase the number of lots; and (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 92, § 2, eff. Aug. 28, 1995. § 212.017. Conflict of Interest; Penalty (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided. The term does not mean an individual lot in a subdivided tract of land. (b) A person has a substantial interest in a subdi- vided tract if the person: (1) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; (2) acts as a developer of the tract; (3) owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a busi- ness entity that: (A) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or (B) acts as a developer of the tract; or (4) receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year. (c) A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as deter- mined under Chapter 573, Government Code, to an- other person who, under Subsection (b), has a sub- stantial interest in the tract. (d) If a member of the municipal authority respon- sible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the municipal secretary or clerk. § 212.018 (e) A member of the municipal authority responsi- ble for approving plats commits an offense if the member violates Subsection (d). An offense under this subsection is a Class A misdemeanor. (f) The finding by a court of a violation of this section does not render voidable an action of the municipal authority responsible for approving plats unless the measure would not have passed the munici- pal authority without the vote of the member who violated this section. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 561, § 38, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995. § 212.0175. Enforcement in Certain Counties; Penalty (a) The attorney general may take any action nec- essary to enforce a requirement imposed by or under Section 212.0105 or 212.0106 or to ensure that water and sewer service facilities are constructed or install- ed to service a subdivision in compliance with the model rules adopted under Section 16.343, Water Code. (b) A person who violates Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on the plat or on the document attached to the plat, as required by Section 212.0105, is subject to a civil penalty of not less than $500 nor more than $1,000 plus court costs and attorney's fees. (c) An owner of a tract of land commits an offense if the owner knowingly or intentionally violates a requirement imposed by or under Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on a plat or on a document attached to a plat, as required by Section 212.0105. An offense under this subsection is a Class B misde- meanor. (d) A reference in this section to an "owner of a tract of land" does not include the owner of an individ- ual lot in a subdivided tract of land. Added by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989. § 212.018. Enforcement in General (a) At the request of the governing body of the municipality, the municipal attorney or any other at- 463 CITY OF COLLEGE STATION PO Box 9960 * 1101 Texas Avenue * College Station, TX 77842 Tel: 979-764-3500 OPEN MEETINGS FOR MAYOR, COUNCIL MEMBBERS AND BOARD MEMBERS Home of Texas A&M University Appendix A: Text of the Texas Open Meetings Act Appendix A: Text of the Texas Open Meetings Act GOVERNMENT CODE CHAPTER 551. OPEN MEETINGS Subchapter A. General Provisions § 551.001. Definitions In this chapter: (1) "Closed meeting" means a meeting to which the public does not have access. (2) "Deliberation" means a verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business. (3) "Governmental body" means: (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (F) a county board of school trustees; (G) a county board of education; (H) the governing board of a special district created by law; (1) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; and 2008 Open Meetings Act Handbook • Office of the Attorney Genera( 75 Appendix A: Text of the Texas Open Meetings Act (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code. (4) "Meeting" means: (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference. The term includes a session of a governmental body. (5) "Open" means open to the public. (6) "Quorum" means a majority of a governmental body, unless defined differently by applicable law or rule or the charter of the governmental body. § 551.0015. Certain Property Owners' Associations Subject to Law (a) A property owners' association is subject to this chapter in the same manner as a governmental body: (1) if. 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 76 Appendix A: Text of the Texas Open Meetings Act (A) membership in the property owners' association is mandatory for owners or for a (K defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; (B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and (C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution;395 or (2) if the property owners' association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and (B) is a corporation that (i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation; (ii) does not require membership in the corporation by the owners of the property within the defined area; and (iii) was incorporated before January 1, 2006. (b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body. § 551.002. Open Meetings Requirement Every regular, special, or called meeting of a governmental body shall be open to the public, except as provided by this chapter. 395Article VIII, section 20 of the Texas Constitution addresses the valuation of property for ad valorem tax purposes. 2008 Open Meetings Act Handbook • Office of the Attorney General 77 Appendix A: Text of the Texas Open Meetings Act § 551.003. Legislature In this chapter, the legislature is exercising its powers to adopt rules to prohibit secret meetings of the legislature, committees of the legislature, and other bodies associated with the legislature, except as specifically permitted in the constitution. § 551.0035. Attendance by Governmental Body at Legislative Committee or Agency Meeting (a) This section applies only to the attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. (b) The attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature is not considered to be a meeting of that governmental body if the deliberations at the meeting by the members of that governmental body consist only of publicly testifying at the meeting, publicly commenting at the meeting, and publicly responding at the meeting to a question asked by a member of the legislative committee or agency. § 551.004. Open Meetings Required by Charter This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: (1) prohibits from being closed; or (2) requires to be open. § 551.005. Open Meetings Training (a) Each elected or appointed public official who is a member of a governmental body subject to this chapter shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and its members under this chapter not later than the 90th day after the date the member: (1) takes the oath of office, if the member is required to take an oath of office to assume the person's duties as a member of the governmental body; or (2) otherwise assumes responsibilities as a member of the governmental body, if the member is not required to take an oath of office to assume the person's duties as a member of the governmental body. (b) The attorney general shall ensure that the training is made available. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. The attorney general shall ensure that at least one course of training approved or provided by the attorney general is available on videotape or a 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 78 Appendix A: Text of the Texas Open Meetings Act functionally similar and widely available medium at no cost. The training must include instruction in: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; (3) procedures and requirements regarding quorums, notice, and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; and (5) penalties and other consequences for failure to comply with this chapter. (c) The office of the attorney general or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. A governmental body shall maintain and make available for public inspection the record of its members' completion of the training. (d) Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member's service on a committee or subcommittee of the governmental body and the member's ex officio service on any other governmental body. (e) The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter or open meetings required by law for the members of a governmental body. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. (f) The failure of one or more members of a governmental body to complete the training required by this section does not affect the validity of an action taken by the governmental body. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. Subchapter B. Record of Open Meeting § 551.021. Minutes or Tape Recording of Open Meeting Required (a) A governmental body shall prepare and keep minutes or make a tape recording of each open meeting of the body. (b) The minutes must: 2008 Open Meetings Act Handbook • Office of the Attorney General 79 Appendix A: Text of the Texas Open Meetings Act (1) state the subject of each deliberation; and (2) indicate each vote, order, decision, or other action taken. § 551.022. Minutes and Tape Recordings of Open Meeting: Public Record The minutes and tape recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. § 551.023. Recording of Meeting by Person in Attendance (a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a tape recorder, video camera, or other means of aural or visual reproduction. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and (2) the manner in which the recording is conducted. (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a). Subchapter C. Notice of Meetings § 551.041. Notice of Meeting Required A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. § 551.0411. Meeting Notice Requirements in Certain Circumstances (a) Section 551.041 does not require a governmental body that recesses an open meeting to the following regular business day to post notice of the continued meeting if the action is taken in good faith and not to circumvent this chapter. If an open meeting is continued to the following regular business day and, on that following day, the governmental body continues the meeting to another day, the governmental body must give written notice as required by this subchapter of the meeting continued to that other day. (b) A governmental body that is prevented from convening an open meeting that was otherwise properly posted under Section 551.041 because of a catastrophe may convene the meeting in a convenient location within 72 hours pursuant to Section 551.045 if the action is taken in good faith and not to circumvent this chapter. If the governmental body is unable to convene the open 2008 Open Meetings Act Handbook • Office of the Attorney General 80 Appendix A: Text of the Texas Open Meetings Act meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. (c) In this section, "catastrophe" means a condition or occurrence that interferes physically with the ability of a governmental body to conduct a meeting, including: (1) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (2) power failure, transportation failure, or interruption of communication facilities; (3) epidemic; or (4) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. § 551.042. Inquiry Made at Meeting (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. § 551.043. Time and Accessibility of Notice; General Rule (a) The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044-551.046. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically posted at the location 2008 Open Meetings Act Handbook • Office of the Attorney General 81 Appendix A: Text of the Texas Open Meetings Act prescribed by this chapter must be readily accessible to the general public during normal business hours. § 551.044. Exception to General Rule: Governmental Body With Statewide Jurisdiction (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view notices of meetings posted by the secretary of state. (b) Subsection (a) does not apply to: (1) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or (2) the governing board of an institution of higher education. § 551.045. Exception to General Rule: Notice of Emergency Meeting or Emergency Addition to Agenda (a) In an emergency or when there is an urgent public necessity, the notice of a meeting or the supplemental notice of a subject added as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter is sufficient if it is posted for at least two hours before the meeting is convened. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety; or (2) a reasonably unforeseeable situation. (c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Notice of an emergency meeting or supplemental notice of an emergency item added to the agenda of a 1441, 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 82 Appendix A: Text of the Texas Open Meetings Act meeting to address a situation described by this subsection must be given to members of the news media as provided by Section 551.047 not later than one hour before the meeting. § 551.046. Exception to General Rule: Committee of Legislature The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. § 551.047. Special Notice to News Media of Emergency Meeting or Emergency Addition to Agenda (a) The presiding officer of a governmental body, or the member of a governmental body who calls an emergency meeting of the governmental body or adds an emergency item to the agenda of a meeting of the governmental body, shall notify the news media of the emergency meeting or emergency item as required by this section. (b) The presiding officer or member is required to notify only those members of the news media that have previously: (1) filed at the headquarters of the governmental body a request containing all pertinent information for the special notice; and (2) agreed to reimburse the governmental body for the cost of providing the special notice. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail. § 551.048. State Governmental Body: Notice to Secretary of State; Place of Posting Notice (a) A state governmental body shall provide notice of each meeting to the secretary of state. (b) The secretary of state shall post the notice on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. § 551.049. County Governmental Body: Place of Posting Notice A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. § 551.050. Municipal Governmental Body: Place of Posting Notice A municipal governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the city hall. 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 83 Appendix A: Text of the Texas Open Meetings Act § 551.051. School District: Place of Posting Notice A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. § 551.052. School District: Special Notice to News Media (a) A school district shall provide special notice of each meeting to any news media that has: (1) requested special notice; and (2) agreed to reimburse the district for the cost of providing the special notice. (b) The notice shall be by telephone, facsimile transmission, or electronic mail. § 551.053. District or Political Subdivision Extending Into Four or More Counties: Notice to Public, Secretary of State, and County Clerk; Place of Posting Notice (a) The governing body of a water district or other district or political subdivision that extends into four or more counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; (2) provide notice of each meeting to the secretary of state; and (3) provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. (c) A county clerk shall post the notice provided under Subsection (a)(3) on a bulletin board at a place convenient to the public in the county courthouse. § 551.054. District or Political Subdivision Extending Into Fewer Than Four Counties: Notice to Public and County Clerks; Place of Posting Notice (a) The governing body of a water district or other district or political subdivision that extends into fewer than four counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; and 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 84 Appendix A: Text of the Texas Open Meetings Act (2) provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located. (b) A county clerk shall post the notice provided under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. § 551.055. Institution of Higher Education In addition to providing any other notice required by this subchapter, the governing board of a single institution of higher education: (1) shall post notice of each meeting at the county courthouse of the county in which the meeting will be held; (2) shall publish notice of a meeting in a student newspaper of the institution if an issue of the newspaper is published between the time of the posting and the time of the meeting; and (3) may post notice of a meeting at another place convenient to the public. § 551.056. Additional Posting Requirements for Certain Municipalities, Counties, School Districts, Junior College Districts, and Development Corporations (a) This section applies only to a governmental body or economic development corporation that maintains an Internet website or for which an Internet website is maintained. This section does not apply to a governmental body described by Section 551.001(3)(D). (b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality; (2) a county; (3) a school district; (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes); and (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 85 Appendix A: Text of the Texas Open Meetings Act (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (5) a development corporation organized under the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)396 that was created by or for: (A) a municipality with a population of 48,000 or more; or (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; and (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. (d) The validity of a posted notice of a meeting or an agenda by a governmental body or economic development corporation subject to this section that made a good faith attempt to comply with the requirements of this section is not affected by a failure to comply with a requirement of this section that is due to a technical problem beyond the control of the governmental body or economic development corporation. Subchapter D. Exceptions To Requirement That Meetings Be Open § 551.071. Consultation With Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or 396The citation to the Development Corporation Act in sections 511.056(b)(5) and (c)(6) has been amended effective April 1, 2009, to read "(Subtitle C1, Title 12, Local Government Code)." Tex. H.B. 2278, 80th Leg., R.S. (2007). 2008 Open Meetings Act Handbook • Office of the Attorney General 86 Appendix A: Text of the Texas Open Meetings Act t (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. § 551.072. Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. § 551.0725. Commissioners Courts: Deliberation Regarding Contract Being Negotiated; Closed Meeting (a) The commissioners court of a county with a population of 400,000 or more may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a tape recording of the proceedings of a closed meeting to deliberate the information. § 551.0726. Texas Facilities Commission: Provision for Closed Meeting. (a) The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and (2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein. (b) Notwithstanding Section 551.103(a), Government Code, the commission must make a tape recording of the proceedings of a closed meeting held under this section. C 2008 Open Meetings Act Handbook • Office of the Attorney General 87 Appendix A: Text of the Texas Open Meetings Act § 551.073. Deliberation Regarding Prospective Gift; Closed Meeting A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. § 551.074. Personnel Matters; Closed Meeting (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. § 551.0745. Personnel Matters Affecting County Advisory Body; Closed Meeting (a) This chapter does not require the commissioners court of a county to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a member of an advisory body; or (2) to hear a complaint or charge against a member of an advisory body. (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. § 551.075. Conference Relating to Investments and Potential Investments Attended by Board of Trustees of Texas Growth Fund; Closed Meeting (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or (B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities and Exchange Act of 2008 Open Meetings Act Handbook • Office of the Attorney General 88 Appendix A: Text of the Texas Open Meetings Act 1934 (15 U.S.C. Section 78a et seq.), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor; or (2) question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the questions or answers would give advantage to a competitor. (b) During a conference under Subsection (a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. § 551.076. Deliberation Regarding Security Devices or Security Audits; Closed Meeting This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or (2) a security audit. § 551.077. Agency Financed by Federal Government This chapter does not require an agency financed entirely by federal money to conduct an open meeting. § 551.078. Medical Board or Medical Committee This chapter does not require a medical board or medical committee to conduct an open meeting to deliberate the medical or psychiatric records of an individual applicant for a disability benefit from a public retirement system. § 551.0785. Deliberations Involving Medical or Psychiatric Records of Individuals This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate: (1) the medical records or psychiatric records of an individual applicant for a benefit from the plan; or (2) a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. P,. 2008 Open Meetings Act Handbook • Office of the Attorney General 89 Appendix A: Text of the Texas Open Meetings Act § 551.079. Texas Department of Insurance (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (2) a regulated person; (3) representatives of a regulated person; or (4) members of the board of directors of a guaranty association established under Chapter 2602 or Article 21.28-C, or 21.28-D, Insurance Code. § 551.080. Board of Pardons and Paroles This chapter does not require the Board of Pardons and Paroles to conduct an open meeting to interview or counsel an inmate of a facility of the institutional division of the Texas Department of Criminal Justice. § 551.081. Credit Union Commission This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. §551.0811. The Finance Commission of Texas This chapter does not require the Finance Commission of Texas to conduct an open meeting to deliberate a matter made confidential by law. § 551.0812. State Banking Board This chapter does not require the State Banking Board to conduct an open meeting to deliberate a matter made confidential by law. § 551.082. School Children; School District Employees; Disciplinary Matter or Complaint (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: 2008 Open Meetings Act Handbook • Office of the Attorney General 90 Appendix A: Text of the Texas Open Meetings Act (1) involving discipline of a public school child; or (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. § 551.0821. School Board: Personally Identifiable Information about Public School Student (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent. In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended. (c) Subsection (a) does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age. § 551.083. Certain School Boards; Closed Meeting Regarding Consultation With Representative of Employee Group This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code, to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group. § 551.084. Investigation; Exclusion of Witness From Hearing A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation. § 551.085. Governing Board of Certain Providers of Health Care Services (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority, hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code, to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 91 Appendix A: Text of the Texas Open Meetings Act would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or (2) information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line. (b) The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code, that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection (a). § 551.086. Certain Public Power Utilities: Competitive Matters (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. (b) In this section: (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. (3) "Competitive matter" means a utility-related matter that the public power utility governing body in good faith determines by a vote under this section is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include the following categories of information: (A) information relating to the provision of distribution access service, including the terms and conditions of the service and the rates charged for the service but not including information concerning utility-related services or products that are competitive; (B) information relating to the provision of transmission service that is required to be filed with the Public Utility Commission of Texas, subject to any confidentiality provided for under the rules of the commission; (C) information for the distribution system pertaining to reliability and continuity of service, to the extent not security-sensitive, that relates to emergency management, identification of critical loads such as hospitals and police, records of interruption, and distribution feeder standards; 2008 Open Meetings Act Handbook • Office of the Attorney General 92 Appendix A: Text of the Texas Open Meetings Act i (D) any substantive rule of general applicability regarding service offerings, service regulation, customer protections, or customer service adopted by the public power utility as authorized by law; (E) aggregate information reflecting receipts or expenditures of funds of the public power utility, of the type that would be included in audited financial statements; (F) information relating to equal employment opportunities for minority groups, as filed with local, state, or federal agencies; (G) information relating to the public power utility's performance in contracting with minority business entities; (H) information relating to nuclear decommissioning trust agreements, of the type required to be included in audited financial statements; (1) information relating to the amount and timing of any transfer to an owning city's general fund; (J) information relating to environmental compliance as required to be filed with any local, state, or national environmental authority, subject to any confidentiality provided under the rules of those authorities; (K) names of public officers of the public power utility and the voting records of those officers for all matters other than those within the scope of a competitive resolution provided for by this section; (L) a description of the public power utility's central and field organization, including the established places at which the public may obtain information, submit information and requests, or obtain decisions and the identification of employees from whom the public may obtain information, submit information or requests, or obtain decisions; or (M) information identifying the general course and method by which the public power utility's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined in Subsection (b)(3). Before a public power utility governing body may deliberate, vote, or take final action on any competitive matter in a closed meeting, the public power utility governing body must first make a good faith determination, by majority vote of its members, that the matter is a competitive matter that satisfies the requirements of Subsection (b)(3). The vote shall be taken during the closed meeting and be included in the certified agenda or tape recording of the closed meeting. If a public power utility governing body fails to determine by that vote that the matter satisfies the requirements of Subsection (b)(3), the public power utility governing body 2008 Open Meetings Act Handbook • Ofce of the Attorney General 93 Appendix A: Text of the Texas Open Meetings Act may not deliberate or take any further action on the matter in the closed meeting. This section does not limit the right of a public power utility governing body to hold a closed session under any other exception provided for in this chapter. (d) For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. (e) With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code. (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. § 551.087: Deliberation Regarding Economic Development Negotiations; Closed Meeting This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). § 551.088. Deliberations Regarding Test Item This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. Subchapter E. Procedures Relating To Closed Meeting § 551.101. Requirement to First Convene in Open Meeting If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and (2) identifies the section or sections of this chapter under which the closed meeting is held. 2008 Open Meetings Act Handbook • Office of the Attorney General 94 Appendix A: Text of the Texas Open Meetings Act § 551.102. Requirement to Vote or Take Final Action in Open Meeting A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. § 551.103. Certified Agenda or Tape Recording Required (a) A governmental body shall either keep a certified agenda or make a tape recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. (b) The presiding officer shall certify that an agenda kept under Subsection (a) is a true and correct record of the proceedings. (c) The certified agenda must include: (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. (d) A tape recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. § 551.104. Certified Agenda or Tape; Preservation; Disclosure (a) A governmental body shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or tape while the action is pending. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or tape; (2) may admit all or part of the certified agenda or tape as evidence, on entry of a final judgment; and (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or tape of any part of a meeting that was required to be open under this chapter. 2008 Open Meetings Act Handbook • Office of the Attorney General 95 Appendix A: Text of the Texas Open Meetings Act (c) The certified agenda or tape of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3). Subchapter F. Meetings Using Telephone, Videoconference, or Internet § 551.121. Governing Board of Institution of Higher Education; Board for Lease of University Lands; Texas Higher Education Coordinating Board: Special Meeting for Immediate Action (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and (2) the convening at one location of a quorum of the governing board, the Board for Lease of University Lands, the Texas Higher Education Coordinating Board, as applicable, is difficult or impossible. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. For a meeting of the governing board of a university system, the notice must specify as the location of the meeting the board's conference room at the university system office. For a meeting of the Board for Lease of University Lands, the notice must specify as the location of the meeting a suitable conference or meeting room at The University of Texas System office. For a meeting of the Texas Higher Education Coordinating Board, the notice must specify as the location of the meeting a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education. (f) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape recorded. The tape recording shall be made available to the public. § 551.122. Governing Board of Junior College District: Quorum Present at One Location (a) This chapter does not prohibit the governing board of a junior college district from holding an open or closed meeting by telephone conference call. 2008 Open Meetings Act Handbook • Office of the Attorney General 96 Appendix A: Text of the Texas Open Meetings Act (b) A meeting held by telephone conference call authorized by this section may be held only if a quorum of the governing board is physically present at the location where meetings of the board are usually held. (c) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (d) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location where the quorum is present and shall be tape-recorded. The tape recording shall be made available to the public. (e) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks. (f) The authority provided by this section is in addition to the authority provided by Section 551.121. (g) A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code. § 551.123. Texas Board of Criminal Justice (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. (b) The portion of the telephone conference call meeting that is open shall be recorded. The recording shall be made available to be heard by the public at one or more places designated by the board. § 551.124. Board of Pardons and Paroles At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. § 551.125. Other Governmental Body (a) Except as otherwise provided by this subchapter, this chapter does not prohibit a governmental body from holding an open or closed meeting by telephone conference call. (b) A meeting held by telephone conference call may be held only if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and 2008 Open Meetings Act Handbook • Office of the Attorney General 97 Appendix A: Text of the Texas Open Meetings Act (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or (3) the meeting is held by an advisory board. (c) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (d) The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held. (e) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded. The tape recording shall be made available to the public. (f) The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting and the identification of each party to the telephone conference shall be clearly stated prior to speaking. § 551.126. Higher Education Coordinating Board (a) In this section, "board" means the Texas Higher Education Coordinating Board. (b) The board may hold an open meeting by telephone conference call or videoconference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. (c) A meeting held by telephone conference call must comply with the procedures described in Section 551.125. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings. In addition, a meeting held by videoconference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; - (2) be recorded by audio and video; and (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. § 551.127. Videoconference Call (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. Nwoe 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 98 Appendix A: Text of the Texas Open Meetings Act (b) A meeting may be held by videoconference call only if a quorum of the governmental body is physically present at one location of the meeting, except as provided by Subsection (c). (c) A meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call only if a majority of the quorum of the governmental body is physically present at one location of the meeting. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirements prescribed by this section. (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection (c) must specify as a location of the meeting each location where a majority of the quorum of the governmental body will be physically present and specify the intent to have a majority of the quorum of the governmental body present at that location. In addition, the notice of the meeting must specify as a location of the meeting each other location where a member of the governmental body who will participate in the meeting will be physically present during the meeting. Each of the locations shall be open to the public during the open portions of the meeting. (f) Each portion of a meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at each location specified under Subsection (e). (g) The governmental body shall make at least an audio recording of the meeting. The recording shall be made available to the public. (h) Each location specified under Subsection (e) shall have two-way communication with each other location during the entire meeting. Each participant in the videoconference call, while speaking, shall be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at a location of the meeting. (i) The Department of Information Resources by rule shall specify minimum standards for audio and video signals at a meeting held by videoconference call. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. (j) The quality of the audio and video signals perceptible by members of the public at each location of the meeting must: (1) meet or exceed the quality of the audio and video signals perceptible by the members of the governmental body participating in the meeting; and (2) be of sufficient quality so that members of the public at each location of the meeting can observe the demeanor and hear the voice of each participant in the open portion of the meeting. 2008 Open Meetings Act Handbook • Office of the Attorney General 99 Appendix A: Text of the Texas Open Meetings Act (k) Without regard to whether a member of the governmental body is participating in a meeting from a remote location by videoconference call, a governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call. § 551.128. Internet Broadcast of Open Meeting (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. (b) Subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. (c) A governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. The governmental body shall provide on the Internet site the same notice of the meeting that the governmental body is required to post under Subchapter C. The notice on the Internet must be posted within the time required for posting notice under Subchapter C. § 551.129. Consultations Between Governmental Body and Its Attorney (a) A governmental body may use a telephone conference call, videoconference call, or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the governmental body or a private consultation with its attorney in a closed meeting of the governmental body. (b) Each part of a public consultation by a governmental body with its attorney in an open meeting of the governmental body under Subsection (a) must be audible to the public at the location specified in the notice of the meeting as the location of the meeting. (c) Subsection (a) does not: (1) authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, videoconference call, or communications over the Internet; or (2) create an exception to the application of this subchapter. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. (e) For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body. (f) Subsection (d) does not apply to: 2008 Open Meetings Act Handbook • Office of the Attorney General 100 Appendix A: Text of the Texas Open Meetings Act (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or (2) the Texas Higher Education Coordinating Board. Subchapter G. Enforcement and Remedies; Criminal Violations § 551.141. Action Voidable An action taken by a governmental body in violation of this chapter is voidable. § 551.142. Mandamus; Injunction (a) An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body. (b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a). In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law. § 551.143. Conspiracy to Circumvent Chapter; Offense; Penalty (a) A member or group of members of a governmental body commits an offense if the member or group of members knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500; (2) confinement in the county jail for not less than one month or more than six months; or (3) both the fine and confinement. § 551.144. Closed Meeting; Offense; Penalty (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or 2008 Open Meetings Act Handbook • Office of the Attorney Genera! 101 Appendix A: Text of the Texas Open Meetings Act (3) participates in the closed meeting, whether it is a regular, special, or called meeting. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500; (2) confinement in the county jail for not less than one month or more than six months; or (3) both the fine and confinement. (c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. § 551.145. Closed Meeting Without Certified Agenda or Tape Recording; Offense; Penalty (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a tape recording of the closed meeting is not being made. (b) An offense under Subsection (a) is a Class C misdemeanor. § 551.146. Disclosure of Certified Agenda or Tape Recording of Closed Meeting; Offense; Penalty; Civil Liability (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or tape recording of a meeting that was lawfully closed to the public under this chapter: (1) commits an offense; and (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and (C) at the discretion of the trier of fact, exemplary damages. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (c) It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that: 2008 Open Meetings Act Handbook • Office of the Attorney General 102 Appendix A: Text of the Texas Open Meetings Act (1) the defendant had good reason to believe the disclosure was lawful; or (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or tape recording. (44~ 2008 Open Meetings Act Handbook • Office of the Attorney General 103