HomeMy WebLinkAbout08/10/2004 - Regular Minutes - Parks Board Parks and Recreation Advisory Board
Regular Meeting
Tuesday August 10, 2004, 7:00
p.m.
The EXIT Teen Center
1520 Rock Prairie Road
College Station, Texas.
Staff Present: Steve Beachy, Director of Parks and Recreation;
Eric Ploeger, Assistant Director; Peter Lamont and David Gerling, Recreation Superintendents;;
Pamela Springfield, Staff Assistant.
Board Members Present: Jodi Warner, Chair; Glenn Schroeder; Don Allison; Larry Farnsworth;
Gary Erwin; Jeannie McCandless; Carol Blaschke; Gary Thomas; Kathleen Ireland.
Board Members Absent: No members were absent.
Guests & Visitors: Jane Kee, City Planner - Development Services; Alton Ofczarzak, Developer;
Burt Hermann, Land Owner; Mike Hester, Engineer; Jessica Simpson, Planner
1. Call to order. Jodi Warner, Chair, called the meeting to order at 7:00 p.m.
2. Pardon sv Possible action concerning requests for absences of members. No requests
for absence had been submitted. All members were present.
3. Hear Visitors. Hearing none this item was closed.
4. Discussion, consideration, and possible approval of minutes from the regular
meetina of July 20. 2004. Don Allison made a motion to accept the minutes. The motion
was seconded by Larry Farnsworth. Hearing no opposition, the motion carried unanimously.
5. Discussion, consideration, and possible action reqardina requests for park land
dedications.
• Horse Haven Estates "J Review (Park Zone 4): After a brief history of this development,
a motion was made by Don A. to stay with the original decision made at the April 20, 2004
meeting (to accept the cash dedication with the stipulation that the developer provide
access to Switch Station Road in order to allow access to Windwood Park). The motion was
seconded by Gary Thomas. Hearing no further discussion the motion was voted on and
carried unanimously.
• Waterwood Condominiums iry (Park Zone 3): Staff recommended acceptance of the
cash dedication of $28,928 for this development located on Krenek TapRoad. Glenn
Schroeder moved to accept the staff recommendation to accept the cash dedication in lieu
of land. The motion was seconded by Don A. and hearing no further discussion, the vote
was called. The motion carried unanimously.
6. Report, discussion, and possible action regarding updates to the Park Land
Dedication Ordinance. Jane Kee, City Planner was present to brief the Board on updates
being made to the ordinance. A memo distributed with the Board handouts (see attached)
explained the proposed changes, which included:
• Requirements that park land be dedicated in its entirety by the second phase of a
development;
• A provision which allowed staff to make the determination of accepting cash in lieu of land
on dedications of three (3) acres or less; and
Parks and Recreation Advisory Board Page 1 of 3
Regular Meeting of August 10, 2004
• Provisions allowing a developer the option to make improvements to, or develop a park
(working in conjunction with staff and the Board), with the requirement that the
improvements be completed by the time the subdivision was finished or within two years.
The revised ordinance would come back before the Board for review within the next 30-60
days, after which it would go before the Planning and Zoning Commission, and then City
Council. Jodi W. asked that the Board be notified when the dedications of less than three
acres occurred. No action was required on this item.
7. Discussion, consideration, and possible action regarding Recreation Program Needs
Assessment process - Peter Lamont. (See attached Needs Assessment Timeline.) This
project, which would be undertaken during the fall, was part of the process that would lead
into
the update of the Recreation, Park, and Open Space Master Plan in 2005. The current
Master Plan only dealt with recreation needs as they related to facilities. There was no overall
picture of the community's recreation needs as opposed to what was available. The timeline
laid out would help move the process along, so that when the review of the Master Plan was
done, a recreation needs component could be included. The assessment would also help the
department move towards its National Recreation and Park Society requirements for
accreditat|on.
This was an informational item only and no action was required.
8. Prementation, discumsion, and possible action regarding additional User Fee
recommendations for FY 2005 - David Gerling. User Fee recommendations had been
made earlier in the year, however, subsequent to those recommendations being made it was
discovered that there were four new fees that needed to be included (see attachments):
• Water Fitness Passes: Due to overcrowding in some of the classes, the program had
been reworked with the help of the participants and the pass prices were revised to a $80
winter pass and an $80 fall, spring, or summer pass.
• W.A. Tarrow Park Covered Basketball Pavilion: A rental fee had been recommended
by the Lincoln Advisory Board of $75. Discussion followed regarding the fairness of the
amount of the fee in relation to the amenities the facility provided.
• Lincoln Center Fitness Passes: A fitness room was being added as part of the
renovations taking place and two passes had been created - a regular pass for $25, and a
senior pass for $20. The pass fee would cover the use of the fitness room, the gym and the
locker rooms. Several questions were raised regarding the two passes and the Lincoln
Center membership fee. It was suggested that a fee be charged to cover the cost of
lost/stolen membership cards.
Due to the number of questions regarding the passes and memberships, David stated that he
would get clarification from the Lincoln Center Advisory Board and report back at the
September meeting. The Board agreed to table this item until clarification could be received.
9. Discussion and possible action regarding appointment of Board members to
subcommittees. The following members volunteered to serve on the Board's
subcommittees and were so appointed by Jodi W.:
• By-Laws: Glenn Schroeder, Jeannie McCandless
• Fees: Glenn Schroeder, Larry Farnsworth, Gary Erwin, Carol Blaschke
• Park Naming: Don Allison, Carol Blaschke, Kathleen Ireland, and Gary Erwin
• Recreation, Park and Open Space Master Plan: Don Allison, Gary Thomas, Kathleen
Ireland
• Veterans Park and Athletic Complex, Phase II: Jodi Warner, Larry Farnsworth, Gary
Erwin, Jeannie McCandless. John Nichols would serve as an ex-officio member.
Parks and Recreation Advisory Board Page 2 of 3
Regular Meeting of August 10, 2004
• Wolf Pen Creek Oversight Committee: Jodi Warner, Glenn Schroeder as Alternate
A meeting would be scheduled within the month for the By-laws Subcommittee to meet and
update the by-laws.
10. Repoot, discussion, and possible action concerning the Capital Improvement
Program (CIP). The Facility Naming subcommittee's recommendations had been approved
by Council. A dedication would be held in the fall for Southern Oaks Park in coordination with
one of the neighborhood gatherings held by Development Services.
Ric distributed a portion of an Executive Summary that had been handed out to Council
concerning the FY 2005 budget. It listed projects that had been suggested for approval which
would involve the Parks Department. He briefly went over each item on the list (see
attached). One of the items included was $333,000 for a three-year period to provide the $1
million dollar local amount needed to acquire the regional park in Grimes County. Steve B.
gave a brief update on the proposed 10,000 acre park site.
A question arose regarding the lighting of all seven soccer fields at once, while developing
only one of the neighborhood parks when the Board had strongly recommended doing three
fields with the neighborhood parks being the next priority. Steve responded by stating that
even if all the money could have been received at one time, development of only about one
park per year could be done. The development of the three remaining parks was proposed
for succeeding years.
11. Review, dimcussUon, and possible action concerning Board and Department Goals
and Objectives, and City Council Strategic Plan. No report was given.
12. Discussion of calendar, future meeting dates. and possible agenda items.
• The next regular meeting of the Board would be held on September 14, 3004. There would
be a 5:30 p.m., dinner workshop meeting to work on Board goals prior to the regular
meeting at 7:00 p.m.
13. Adjourn. A motion was made to adjourn by Gary E. and seconded by Gary T. Hearing no
opposition, the meeting adjourned at 8:15 p.m.
Parks and Recreation Advisory Board Page 3 of 3
Regular Meeting of August 10, 2004
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CONSTITUTIONAL BY-LAWS W
OF THE
PARKS AND RECREATION OARD
CITY OF COLLEGE STATION, TEXAS
THE BOARD SHALL BE GOVERNED BY CITY ORDINANCE NUMBER 1137
ARTICLE I RULES OF THE BOARD
(a1
Section 1: Purpose
The"College Station Parks d Recreation Board", hereinafter referred to as the Board,
shall be composed of members. The duties of said Board shall be to advise and
recommend to the City Council on all matters to the establishment, maintenance, and
operation of city parks and recreation programs for the CITY OF COLLEGE STATION
and its inhabitants and to carry out other duties as may be assigned by the City Council
Section 2: Terms of Office 1'`AA,N
The terms of office for the Board shall commence on MerIgand shall be two (2)years
in length and the members thereof shall be appointed by the City Council.
Section 3: Termination
Any Board Member appointed by the City Council shall forfeit that membership if he is
absent for more than three(3) meetings,or 25% of the meetings,whichever is greater,in on
appointment year, unless the absenteeism is for medical reasons. Absenteeism may also be
excused by the Board or by the City Council. If a member goes beyond this absenteeism
limit, the City Council shall be advised to declare the position vacant aqd appoint a new
member to fill the vacancy. � (Vuc ti 6`1 catmc
Section 4: Organization
Said Board is authorized to establish its own constitution and by-laws and shall provide
for regular and special meetings necessary to carry on its business,separate and apart from
the CITY OF COLLEGE STA BON,except as herein provided.
Section 5: Limitations
The Board shall not be authorized to incur on behalf of the CITY OF COLI.FGE
STATION any expense incident to the operation of said parks and recreation programs,
unless expressly authorized so to do by the CITY COUNCIL The Board shall not
knowingly conduct business that has been assigned by ordinance to any other governing or
advisory body of the CITY OF COLLEGE STATION.
i ARTICLE II MEETINGS
Sec ion 1: Annual eetings
I • An ual eeti i ► ' the :oa • shall ' : •- - at a date .nd time t. ►e • :.'.nated b
the :oard.
Section 1: Regular Meetings
The regular meeting shall be held on the second Tuesday of each month at the hour of
7:00 pm at a place designated in the call.
Section Notice of Meetings
Notice of all regular meetings shall be delivered to each member of the Board at least 7c2 .S
prior to each meeting. Notice of all meetings shall be posted at City Hall and
delivered to the news media in compliance with all state and local laws.
Section : Special Meetings
Special meetings may be called at any time by the Chairman of the Board or by three
members of the Board.
Section Place of 0.MeetingJ��- i,.-_--�4 ..t- �f o-.�-?�j
' The place of the meeting shall be theatfunless otherwise stated in the call.
Section Quorum
' Fmembers of the Board shall at all times constitute a quorum.
Section 7 Rules of Order
General parliamentary rules, as given in Robert's Rules of Order, as modified by the
rules and regulations of the Board shall be observed in conducting meetings of the Board.
Section j Order of Business
The following shall be the Order of Business of the Board,but the rules of order may be
suspended and any matters considered or postponed by action of the Board:
, Call to order. t5S,4)1�(�,Lk[ O n at 04. f S
` `r 2. Roll call. P�Q .h% iy �1J b u���- •
�
Consideration of minutes of last regular meeting and of any special meetings held
i" subsequently and their approval or amendment.
47 ' 4. '• e . . e • _ .
5 Reports.... B aau►-O Len 'i 4-e.vn
b. Board concerns.
ARTICLE III OFFICERS
Section 1: Appointment of Officers
The Council shall appoint one member of the Board to serve as Chairman and-eae.2,(1 C=���/JJ
/ii[Miler f Vi 1/ �
O�^Clyl--
Section 2: Duties of the Board Chairman
The Chairman of the Board shall preside at the meetings of the Board, and shall
perform the other duties ordinarily performed by that officer. COt_ 'Le 0:4
Section 3: Duties of the Vice-Chairman 4-7) ' '`
The Vice-Chairman of the Board, in the absence of the Chairman,shall perform all the
duties of the Chairman of the Board. In the absence of both the Chairman and the Vice-
Chairman, the Board shall elect a Chairman pro tempore who shall perform the duties of
the Chairman of the Board.
Section 4: Duties of the Parks and Recreation Director
He shall act as the chief executive officer of the Board, but shall not be a member. He
shall attend all regular meetings and participate in the discussions, but shall not be entitled
to vote. (� 1
sea-,on 5.. j�J
ARTICLE IV COMMITTEES OF THE BOARD
Section 1: Appointment of Special Committees
Special Committees shall be appointed by the Chairman for consideration and study of
any matter not covered by the Board during regular or special meetings. The Special
Committees shall report their findings to the Board.
ARTICLE V AMENDMENTS
Section 1: Amendments
These by-laws may be amended at any regular meeting of the Board by a majority vote
of the members present, provided previous notice of the nature of any proposed
amendment shall have been given at least one regular meeting before the action thereon
shall be taken. These by-laws shall be automatically amended by any future ordinances
passed by the City Council dealing with matters relating to the Parks&Recreation Board.
( l
• ORDINANCE NO. 1137
AN ORDINANCE PROVIDING FOR THE CREATION OF THE COLLEGE STATION PARKS AND RECREATIONA20,02
BOARD; PROVIDING FOR SEVEN (7) MEMBERS; DETERMINING THE TERM OF OFFICE; PROVIDING
FOR THEIR DUTIES AND THE METHOD OF APPOINTMENT; AND REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS: ' 11$V4
IkS(j(
SECTION 1: There is hereby created a Parks and Recreation Board to be known as
the "College Station Parks and Recreation Board", which shall be composed of
aequen7 members. The duties of said Board shall be to advise and recommend
to the City Council all matters concerning the establishment, maintenance, and
operation of all parks within the City and the establishment and operation of
recreation programs conducted by the CITY OF COLLEGE STATION for its inhabitants.
The Board shall also carry out all other duties and responsibilities as may be
assigned by the City Council.
5
SECTION 2: Theermfti office for said Parks and Recreation Board shall
commence on and shall be for two (2) years. The members of the Board
shall be appointed by the City Council on a staggered basis with three expiring
on uneven years and four expiring on even years. The Council shall appoint one
member of the Board to serve as Chairman and one member to serve as Vice-Chairman
on an annual basis. One member of the City Council shall be appointed to serve
on the Board as a non-voting representative.
Members appointed to fill vacancies on said Board shall be for the remainder of
the term of his predecessor.
SECTION 3: Said Board is authorized to establish its own rules, regulations, and
by-laws subject to ratification by the City Council and shall provide for regular
and special meetings necessary to carry on its business.
)
SECTION 4: All ordinances including Ordinance No. 177, hereto passed by the
CITY OF COLLEGE STATION contrary to or in conflict with this ordinance are hereby
expressly repealed.
PASSED, APPROVED, AND ADOPTED this the 9th day of November, 1978.
1'PROVED
)
I
Mayor
ATTEST ))U
-7,"4.:*--A-C.,4:-• ilk.e-1 ., QP
City Secretary 42-a7
03014
ORDINANCE NO. 2406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
ESTABLISHING AN AT POLICY FOR APPOINTED OFFICIALS SERVING ON
BOARDS AND COMMITTEES; ADOPTING A PROCEDURE FOR IMPLEMENTING 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 conunittees 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 defmes "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 August, 1999.
APPROVED:
Mayor Lynn Mcflhaney
ATTEST:
City Secretary Connie Hooks
APPROVED:
City Attorney Harvey Cargill, Jr.
o:group/oounciVabsent Idoc
ARTICLE I RULES OF THE BOARD
Section 1: Purpose
The"College Station Parks and Recreation Board", hereinafter referred to as the Board,
shall be composed of nine(9)members. The duties of said Board shall be advised and recommend
to the City Council on all matters to the establishment, maintenance, and operation of city parks and
recreation programs for the CITY OF COLLEGE STATION and its inhabitants and to cany out
other duties as may be assigned by the City Council.
Section 2: Terms of Office
Term of office for the Board shall commence on July 1st and shall be two(2)years in length
and the members thereof shall be appointed by the City Council.
Section 3: Termination
In the event, a Board Member is absent from three meetings in a twelve month period that
are considered unexcused by definition, as stated in City Ordinance No. 2406 Section 4, the City
Secretary shall notify the member by letter requesting an explanation for the absences. Part 5 of
Ordinance No. 2406 states the procedure for removal of a Board Member.
Section 4: Organization
NO CHANGE
Section 5: Limitations
NO CHANGE
ARTICLE II
Section 1: Annual Meetings
NO Change
Section 2: Regular Meetings
The regular meetings shall be held on the second Tuesday of each month at the hour of 7:00
pm(unless otherwise stated)at a place designated in the call.
Sections 3,4, 5
NO CHANGE
Section 6: Quorum
Five members of the Board shall at all times constitute a quorum.
Section 7: Rules of Order
NO CHANGE
Section 8: Order of Business
NO CHANGE
NO OTHER CHANGES
ORDINANCE NO. 682
AN ORDINANCE CREATING A PLANNING AND ZONING COMMISSION, AND DECLARING
THE PURPOSE AND PRESCRIBING THE DUTIES THEREOF:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY
OF COLLEGE STATION, TEXAS:
1. AUTHORITY:
The City of College Station, Texas, as a home rule city, has by City Charter,
adopted all the powers authorized by Chapter 4 of Title 28, Revised Civil Statutes, more
specifically Article 1011a through j, Revised Civil Statutes, and adopting Article 974a and
970a, Revised Civil Statutes, which are hereby adopted, which authorize the appointment
of a Planning and Zoning Commission, and which set out certain authority and responsi-
bility for such a commission.
2. PLANNING AND ZONING COMMISSION:
A. Under the aforestated authority, a Planning and Zoning Commission is hereby
created to consist of seven (7) members. The members shall be removable
for cause by the City Council upon written charges and after a public hearing.
Seven (7) members shall be appointed as of this date. Hereafter, three (3)
members and a chairman shall be appointed in even numbered years and three
(3) members shall be appointed in odd-numbered years. Appointment of members
shall be made by the City Council, at the first regular meeting of the City Council
after the City Election. Members shall be residents of the city, eligible voters
and real property owners. Vacancies shall be filled by the City Council at the
next regular meeting for the unexpired term for any member whose position
becomes vacant.
B. Organization: The members of the Planning and Zoning Commission shall
organize and select a vice chairman and secretary, and shall meet regularly,
at least once in each month, and shall designate the time and place of such
meetings. The Planning and Zoning Commission shall adopt its own rules of
procedure and keep a record of its proceedings. Four (4) members shall
constitute a quorum for transaction of business and no recommendation shall
be advanced to the City Council without a concurring vote of four (4) members.
01790
Ordinance No. 682 Page 2
C. Duties:
(1) The following areas of responsibility, among others, are mentioned here
for clarity:
Preparation, adoption and modification of the Comprehensive Plan of
development of the City, for approval and adoption by Resolution by the
City Council.
(2) Annual preparation of a recommended Development Program for a five
year period.
•
(3) Preparation of Subdivision Regulations, or modifications thereof, to be
recommended to the City Council.
(4) Recommend approval or disapproval of subdivision plats within the city
limits and within the extra-territorial jurisdiction of the city.
(5) Preparation of the Zoning Ordinance and amendments thereto, to be
recommended to the City Council.
(6) Make recommendations for the effective coordination of the various city
departments, Committees and Boards, in implementing the Comprehensive Plan.
( 7) The Planning and Zoning Commission shall keep the City Council informed
of its progress on their plans and make periodic status development reports to
the City Council, and said reports shall be made within six months after their
appointment, and every six months thereafter.
(8) The Planning and Zoning Commission shall make studies and recommendations
with regard to proposed annexation.
3. REPEALING CLAUSE:
Ordinance No. 22 is hereby repealed, and all ordinances or parts of ordinances,
orders and policies in conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict.
This ordinance shall be effective from the date of approval. PASSED AND APPROVED
this 1st day of May, 1970.
APPROVED:
1-71 f7/714.kthl
Mayor
ATTEST:
•
C. Secretary
01733,
las
ORDINANCE NO. 1805
AN ORDINANCE REPEALING ORDINANCE NO. 1233 AND AMENDING ORDINANCE
NO. 682, WHICH ORDINANCES WHERE CODIFIED AS CHAPTER 12 SECTION 1
SUBSECTION B (1 ) OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION PROVIDING THAT PROPERTY OWNERSHIP IS NOT A REQUIREMENT
FOR SERVICE ON THE PLANNING AND ZONING COMMISSION, PROVIDING THAT
THE NUMBER OF TERMS BE LIMITED, AND PROVIDING FOR AUTOMATIC RE-
MOVAL BASED UPON ABSENCES.
WHEREAS, the City Council of the City of College Station reviewed
Ordinance No. 682 and Ordinance No . 1233 on the 8th day of March,
1989;
WHEREAS, the City Council of the City of College Station directed
the staff to make changes to the ordinances and place the ordi-
nances on the regular Council Agenda for consideration by the
Council; and
WHEREAS, the City Council of the City of College Station consid-
ered the proposed revisions to Ordinance No. 682 at its meeting
on the 23rd day of March, 1989.
NOW, THEREFORE, BE IT ORDAINED THAT Ordinance No . 1233 is hereby
repealed and that City of College Station Code of Ordinances
Chapter 12, Section 1, Subsection B( 1 ) is hereby amended to read
as follows :
"B. PLANNING AND ZONING COMMISSION
(1) Under the aforestated authority, a Planning and Zon-
ing Commission is hereby created to consist of seven
(7 ) members. Appointment shall be made by the Coun-
cil providing that each member shall serve a two
year term. Three (3 ) members and a chairman shall
be appointed in even number years and three (3 ) mem-
bers shall be appointed in odd numbered years.
Terms of office shall be limited to three consecu-
tive two (2) year terms or seven (7) consecutive
years.
Appointment of members shall be made by the City
Council , at the second regular meeting of the City
Council after the City Election. Members shall be
residents of the City and eligible voters. Vacan-
cies shall be filled by the City Council at the next
regular meeting for the unexpired term for any mem-
ber whose position becomes vacant . The members
shall be removable for cause by the City Council of
005618
the City of College Station upon written charges and
after a public hearing. Any member shall be auto-
matically removed, without the necessity of charges
and hearing, in the event that said member is absent
from twenty-five percent (25%) or more of the regu-
larly scheduled meetings in a twelve (12 ) month
period."
PASSED AND APPROVED, this the 23rd day of March, 1989.
APPROVED
May arlaav -1111106
ATTEST
City Sec - :ry
0 0 5 6 1 9
ORDINANCE NO. 1233
AN ORDINANCE AMENDING ORDINANCE NO. 682, LIMITING THE NUMBER OF TERMS OF
MEMBERS OF THE PLANNING AND ZONING COMMISSION.
Now, Therefore, Be it ordained by the City Council of the City of College
Station, Texas:
Section 2.A. of Ordinance. No. 682 is hereby amended to read:
2. PLANNING AND ZONING COMMISSION.
A. Under the aforestated authority, a Planning and Zoning Commission is
hereby created to consist of seven (7) members. The members shall be
removable for cause by the City Council upon written charges and after a
public hearing. Hereafter, three (3) members and a chairman shall be
appointed in even numbered years and three (3) members shall be appointed
in odd numbered years. Terms of office shall be limited to two consecutive
two year terms, or five consecutive years. Appointment of members shall
be made by the City Council , at the first regular meeting of the City Council
after the City Election. Members shall be residents of the city and eligible
voters. Vacancies shall be filled by the City Council at the next regular
meeting for the unexpired term for any member whose position becomes vacant.
PASSED AND APPROVED, this the 24th day of July, 1980.
....)
APPROVED Z/
IL /
Mayor
ATTEST
City Secretary
03266
BYLAWS OF
COLLEGE STATION ECONOMIC
DEVELOPMENT AUTHORITY, INC.
ARTICLE 1
PURPOSE AND POWERS
Section 1. Purpose. The Corporation is incorporated for the purposes set
forth in Article Four of its Articles of Incorporation, the same to be accomplished on
behalf of the City of College Station, Texas (the "City") as its duly constituted authority
and instrumentality in accordance with the Development Corporation Act of 1979, as
amended, Article 5190.6, Tex. Rev. Civ. Stats., Ann., as amended, (the"Act"), and other
applicable laws.
Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation
shall be governed by Section 4B of the Act, and shall have all of the powers set forth and
conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject
to the limitations prescribed therein and herein and to the provisions thereof and hereof.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Powers,Number and Term of Office.
(a) The property and affairs of the Corporation shall be managed and
controlled by a Board of Directors (the `Board") and, subject to the restrictions imposed
by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all
of the powers of the Corporation.
(b) The Board shall consist of seven (7) directors, each of whom shall be
appointed by the City Council(the"City Council") of the City.
(c) The directors constituting the first Board shall be those directors named in
the Articles of Incorporation. Successor directors shall have the qualifications, shall be of
the classes of directors, and shall be appointed to the terms set forth in the Articles of
Incorporation.
(d) Any director may be removed from office by the City Council at will.
Section 2. Meetings of Directors. The directors may hold their meetings at
such place or places in the City as the Board may from time to time determine; provided,
however, in the absence of any such determination by the Board, the meetings shall be
held at the principal office of the Corporation as specified in Article V of these Bylaws.
Section 3. Notice of Meetings.
(a) Regular meetings of the Board shall be held without the necessity of notice
to directors at such times and places as shall be designated from time to time by the
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Board. Special Meetings of the Board shall be held whenever called by the president, by
the secretary, by a majority of the directors, by the Mayor of the City, or by a majority of
the City Council.
(b) The secretary shall give notice to each director of each Special Meeting in
person or by mail, telephone or telegraph, at least two (2) hours before the meeting.
Unless otherwise indicated in the notice thereof, any and all matters pertaining to the
purposes of the Corporation may be considered and acted upon at a Special Meeting. At
any meeting at which every director shall be present, even though without any notice, any
matter pertaining to the purpose of the Corporation may be considered and acted upon
consistent with applicable law.
(c) Whenever any notice is required to be given to the Board, said notice shall
be deemed to be sufficient if given by depositing the same in a post office box in a sealed
postpaid wrapper addressed to the person entitled thereto at his or her post office address
as it appears on the books of the Corporation, and such notice shall be deemed to have
been given on the day of such mailing. Attendance of a director at a meeting shall consti-
tute a waiver of notice of such meeting, except where a director attends a meeting for the
express purpose of objecting to the transaction of any business on the grounds that the
meeting is not lawfully called or convened. Neither the business to be transacted at nor
the purpose of any Regular or Special Meeting of the Board need be specified in the notice
to directors or waiver of notice of such meeting, unless required by the Board. A waiver
of notice in writing, signed by the person or persons entitled to said notice, whether before
or after the time stated therein, shall be deemed equivalent to the giving of such notice.
Section 4. Open Meetings Act. All meetings and deliberations of the Board
shall be called, convened, held, and conducted, and notice shall be given to the public, in
accordance with the Texas Open Meetings Act, Article 6252-17, Tex. Rev. Civ. Stat.
Ann., as amended.
Section 5. Quorum. A majority of the directors shall constitute a quorum for
the conduct of the official business of the Corporation. The act of a majority of the direc-
tors present at a meeting at which a quorum is in attendance shall constitute the act of the
Board and of the Corporation,unless the act of a greater number is required by law.
Section 6. Conduct of Business.
(a) At the meetings of the Board, matters pertaining to the business of the
Corporation shall be considered in accordance with rules of procedure as from time to
time prescribed by the Board.
(b) At all meetings of the Board, the president shall preside.
(c) The secretary of the Corporation shall act as secretary of all meetings of
the Board, but in the absence of the secretary, the presiding officer may appoint any
person to act as secretary of the meeting.
Section 7. Committees of the Board. The Board may designate two or more
directors to constitute an official committee of the Board to exercise such authority of the
Board as may be specified in the resolution. It is provided, however, that all final, official
actions of the Corporation may be exercised only by the Board. Each committee so
designated shall keep regular minutes of the transactions of its meetings and shall cause
such minutes to be recorded in books kept for that purpose in the principal office of the
Corporation.
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Section 8. Compensation of Directors. Directors shall not receive any salary
or compensation for their services as directors. However, they shall be reimbursed for
their actual expenses incurred in the performance of their official duties as directors.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office.
(a) The officers of the Corporation shall be a president, a vice president, a
secretary and a treasurer, and such other officers as the Board may from time to time elect
or appoint. One person may hold more than one office, except that the president shall not
hold the office of secretary. Terms of office shall be one (1) year with the right of an
officer to be reelected.
(b) All officers shall be subject to removal from office at any time by a vote of
a majority of the entire Board.
(c) A vacancy in the office of any officer shall be filled by a vote of a majority
of the directors.
Section 2. Powers and Duties of the President. The president shall be the
chief executive officer of the Corporation, and, subject to the paramount authority of the
Board, the president shall be in general charge of the properties and affairs of the
Corporation, shall preside at all meetings of the Board, and may sign and execute all
contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other
instruments in the name of the Corporation.
Section 3. Vice President. The vice president shall have such powers and
duties as may be prescribed by the Board and shall exercise the powers of the president
during that officer's absence or inability to act. Any action taken by the vice president in
the performance of the duties of the president shall be conclusive evidence of the absence
or inability to act of the president at the time such action was taken.
Section 4. Treasurer. The treasurer shall have the responsibility to see to the
handling, custody, and security of all funds and securities of the Corporation in accordance
with these bylaws. When necessary or proper, the treasurer may endorse and sign, on
behalf of the Corporation, for collection or issuance, checks, notes and other obligations in
or drawn upon such bank, banks or depositories as shall be designated by the Board
consistent with these Bylaws. The treasurer shall see to the entry in the books of the
Corporation full and accurate accounts of all monies received and paid out on account of
the Corporation. The treasurer shall, at the expense of the Corporation, give such bond
for the faithful discharge of his duties in such form and amount as the Board or the City
Council may require.
Section 5. Secretary. The secretary shall keep the minutes of all meetings of
the Board in books provided for that purpose, shall give and serve all notices, may sign
with the president in the name of the Corporation, and/or attest the signature thereto, all
contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other
instruments of the Corporation, shall have charge of the corporate books, records, docu-
ments and instruments, except the books of account and financial records and securities,
and such other books and papers as the Board may direct, all of which shall at all reason-
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able times be open to public inspection upon application at the office of the Corporation
during business hours, and shall in general perform all duties incident to the office of
secretary subject to the control of the Board.
Section 6, The president, each vice president, and the secretary shall be named
from among the members of the Board. The treasurer and any assistant secretaries may,
at the option of the Board, be persons other than members of the Board, but they may be
employees of the City.
Section 7. Compensation. Officers who are members of the Board shall not
receive any salary or compensation for their services, except that they shall be reimbursed
for their actual expenses incurred in the performance of their official duties as officers.
ARTICLE IV
FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS
Section 1. General Economic Northgate Hotel Conference Center Develop-
ment Plan.
(a) It shall be the duty and obligation of the Board, in coordination with the
necessary contracting parties, to research, develop, prepare, finance, and implement the
hoteVconference center facilities development plan described in and in accordance with the
terms of that certain "Preliminary Agreement of Intent to Enter Into a Development
Agreement" (the "Preliminary Agreement"), entered into as of the day of
, 1997, by and between the City and ., and to
assume and to undertake all of the City's obligations thereunder, and to succeed to the
rights of the City to enforce the same, subject to the rights of the respective parties
thereto.
(b) In carrying out its obligations under subsection (a), the Corporation shall
be authorized to exercise all rights and powers granted under the Act, including, but not
limited to Section 4B thereof, subject to the terms of the Preliminary Agreement and
subsequent related agreements, and with the objective and for the purpose of developing
and diversifying the economy of the State of Texas and the City, and the elimination of
unemployment in the State and the City and the expansion of commerce within the State.
(c) The Board shall periodically submit reports to the City Council as to the
status of its activities in carrying out its obligations under this Section.
(d) Any and all agreements between the Corporation and other parties shall be
authorized, executed, approved, and delivered in accordance with applicable law.
Section 2. Annual Corporate Budget. At least 60 days prior to the
commencement of each fiscal year of the Corporation, the Board shall adopt a proposed
budget of expected revenues and proposed expenditures for the next ensuing fiscal year.
The budget shall contain such classifications and shall be in such form as may be
prescribed from time to time by the City Council. The budget shall not be effective until
the same has been approved by the City Council.
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Section 3. Books, Records. Audits.
(a) The Corporation shall keep and properly maintain, in accordance with
generally accepted accounting principles, complete books, records, accounts, and financial
statements pertaining to its corporate funds, activities, and affairs.
(b) At the direction of the City Council, the books, records, accounts, and
financial statements of the Corporation may be maintained for the Corporation by the
accountants, staff and personnel of the City.
(c) The Corporation, or the City if the option described in subsection (b) is
selected, shall cause its books, records, accounts, and financial statements to be audited at
least once each fiscal year by an outside, independent, auditing and accounting firm
selected by the Corporation and approved by the City Council. Such audit shall be at the
expense of the Corporation.
Section 4. Deposit and Investment of Corporate Funds.
(a) All proceeds from loans or from the issuance of bonds, notes, or other debt
instruments ("Obligations") issued by the Corporation shall be deposited ad invested as
provided in the resolution, order, indenture, or other documents authorizing or relating to
their execution or issuance.
(b) Subject to the requirements of contracts, loan agreements, indentures or
other agreements securing Obligations, all other monies of the Corporation, if any, shall be
deposited, secured, and/or invested in the manner provided for the deposit, security,
and/or investment of the public funds of the City. The Board shall designate the accounts
and depositories to be created and designated for such purposes, and the methods of with-
drawal of funds therefrom for use by and for the purposes of the Corporation upon the
signature of its treasurer and such other persons as the Board shall designate. The
accounts, reconciliation, and investment of such funds and accounts shall be performed by
the Fiscal Services Department of the City.
Section 5. Expenditures of Corporate Money. The monies of the Corporation,
including sales and use taxes collected pursuant to Section 4B of the Act, monies derived
from rents received from the lease or use of property, the proceeds from the investment of
funds of the Corporation, the proceeds from the sale of property, and the proceeds derived
form the sale of Obligations, may be expended by the Corporation for any of the purposes
authorized by the Act, subject to the terms of the Master Agreement and to the following
limitations:
(i) Expenditures from the proceeds of Obligations shall be identified and
described in the orders, resolutions, indentures, or other agreements
submitted to and approved by the City Council prior to the execution of
loan or financing agreements or the sale and delivery of the Obligations to
the purchasers thereof required by Section 6 of this Article;
(ii) Expenditures that may be made from a fund created with the proceeds of
Obligations, and expenditures of monies derived from sources other than
the proceeds of Obligations may be used for the purposes of financing or
otherwise providing one or more "Projects," as defined in Section 4B of
the Act. The specific expenditures shall be described in a resolution or
order of the Board and shall be made only after the approval thereof by the
City Council;
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(iii) All other proposed expenditures shall be made in accordance with and shall
be set forth in the annual budget required by Section 2 of this Article or in
contracts meeting the requirements of Section 1(d) of this Article.
Section 6. Issuance of Obligations. No Obligations, including refunding Obli-
gations, shall be authorized or sold and delivered by the Corporation unless the City
Council shall approve such Obligations by action taken prior to the date of sale of the
Obligations.
ARTICLE V
MISCELLANEOUS PROVISIONS
Section 1. Principal Office.
(a) The principal office and the registered office of the Corporation shall be the
registered office of the Corporation specified in the Articles of Incorporation.
(b) The Corporation shall have and shall continually designate a registered
agent at its registered office, as required by the Act.
Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as
the fiscal year of the City.
Section 3. Seal. The seal of the Corporation shall be as determined by the
Board.
Section 4. Resignations. Any director or officer may resign at any time. Such
resignation shall be made in writing and shall take effect at the time specified therein, or, if
no time be specified, at the time of its receipt by the president or secretary. The accep-
tance of a resignation shall not be necessary to make it effective, unless expressly so
provided in the resignation.
Section 5. Approval or Advice and Consent of the City Council. To the
extent that these bylaws refer to any approval by the City or refer to advice and consent by
the Council, such advice and consent shall be evidenced by a certified copy of a resolution,
order or motion duly adopted by the City Council.
Section 6. Services of City Staff and Officers. Subject to the paramount
authority of the City Manager under the Charter of the City, the Corporation shall have
the right to utilize the services of the City Attorney, the City Secretary, and the staff and
employees of the Finance Department of the City, provided (I) that the Corporation shall
pay reasonable compensation to the City for such services, and (ii) the performance of
such services does not materially interfere with the other duties of such personnel of the
City.
Section 7. Indemnification of Directors, Officers and Employees.
(a) As provided in the Act and in the Articles of Incorporation, the
Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter
101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are
governmental functions.
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(b) The Corporation shall indemnify each and every member of the Board, its
officers, and its employees, and each member of the City Council and each employee of
the City, to the fullest extent permitted by law, against any and all liability or expense,
including attorneys fees, incurred by any of such persons by reason of any actions or
omissions that may arise out of the functions and activities of the Corporation.
ARTICLE VI
EFFECTIVE DATE, AMENDMENTS
Section 1. Effective Date. These Bylaws shall become effective upon the
occurrence of the following events:
(1) the approval of these Bylaws by the City Council; and
(2) the adoption of these Bylaws by the Board.
Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles
of Incorporation of the Corporation and these Bylaws may be amended only in the manner
provided in the Articles of Incorporation and the Act.
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DON ALLISON public access option form doc Page 1
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PUBLIC ACCESS OPTION FORM •
•
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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 •
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indicate whether you wish to allow public release of the following information,
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11
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r/0/0 V--
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