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HomeMy WebLinkAbout2022-4358 - Ordinance - 06/09/2022ORDINANCE NO. 2022-4358 AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE I, “IN GENERAL,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SEC. 2-3., “CITY BOARDS, COMMISSIONS AND COMMITTEES,” RELATING TO GENERAL RULES ESTABLISHED FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 2, “Administration,” Article I, “In General,” of the Code of Ordinances of the City of College Station, Texas, is amended by adding Sec. 2-3., “City Boards, Commissions, and Committees,” as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: That Ordinance No. 2406 is hereby repealed in its entirety. PART 3: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 4: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 5: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2022-4358 Page 2 of 4 PASSED, ADOPTED and APPROVED this 9th day of June, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4358 Page 3 of 4 EXHIBIT A That Chapter 2, “Administration,” Article I, “In General,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Sec. 2-3., “City Boards, Commissions, and Committees,” to read as follows: Sec. 2-3. – City Boards, Commissions, and Committees. A. Generally. (1) The terms and provisions of this section shall apply to those boards, commissions, and committees of the City listed herein, and to all other boards, commissions, and committees of the City which shall be hereafter created by ordinance, resolution, or other formal action of the City Council, or unless state law requires otherwise. (2) Existing City boards, commissions, and committees governed by this section shall be as follows: (a) Historic Preservation Committee; (b) Parks and Recreation Advisory Board; (c) Construction Board of Adjustments and Appeals/Building and Standards Commission; (d) Architectural Advisory Committee; (e) Bicycle, Pedestrian, and Greenways Advisory Board; (f) Design Review Board; (g) Planning and Zoning Commission; (h) Zoning Board of Adjustment. B. Residency. All appointees to City boards, commissions, and committees shall be residents of the City and qualified voters of the City of College Station, unless the City Council expressly provides otherwise. C. Responsibilities. City boards, commissions, and committees shall follow Chapter IV of the Citizen Boards, Commissions, and Committees Handbook, as amended from time to time, regarding responsibilities of members. D. Texas Open Meetings Act. All official meetings, including all regular and special meetings, of City boards, commissions, and committees shall comply with the requirements of the Texas Open Meetings Act, as amended, or as otherwise specified by state law. E. Attendance. Members of City boards, commissions, and committees may have no more than three unexcused absences from meetings within a twelve-month period. An absence is excused for purposes such as vacation, illness, family emergency, jury duty, and business out of town. Failure to inform the chair of the reason for the excused absence prior to the scheduled meeting, and any other absence not excused, are considered unexcused. The staff ORDINANCE NO. 2022-4358 Page 4 of 4 liaison assigned to each board, commission or committee shall be responsible for maintaining a record of attendance and reporting such information every six months to the City Secretary. If a member has three unexcused absences from three meetings in a twelve- month period, the City Secretary shall notify the member in writing requesting an explanation for the absences. The explanation shall be presented to the City Council for its consideration. The City Council may, after due consideration, take action up to and including removing the member from the City board, commission or committee. The City Council’s response should be based on consideration for the member’s prior service, reasons for absences, likelihood of future attendance, and the necessity for the City board, commission, or committee to carry out its responsibilities, and other similar criteria. F. Parliamentary Procedures. All meetings of City boards, commissions, and committees shall be conducted under Robert’s Rules of Order, as adopted by the City Council. G. Videoconference Attendance. A member of a board, commission, or committee may request to participate in a meeting remotely by videoconference as long as: the meeting is posted for remote attendance following the procedure set out by the City Secretary; the staff ensures the meeting can comply with the requirements for videoconferencing under Texas Government Code, § 551.127; and the member requesting to videoconference receives approval from the chair at least one day prior to the start of the meeting. At the beginning of the meeting the chair shall make a statement accepting the videoconferencing member’s attendance. Meeting minutes shall reflect that the member attended remotely. H. Bylaws. No City board, commission, or committee is authorized to adopt its own bylaws without the express written consent of the City Council. Any provisions set out by resolution or in the Code of Ordinances that provide otherwise are hereby superseded by this subsection unless state law requires otherwise. I. Removal of Board, Commission, or Committee Members. Notwithstanding any other provisions in this section or in the Code of Ordinances, with the exception of subsection E. Attendance above, all members of City boards, commissions, or committees may be removed at any time by the City Council with or without cause, unless state law requires otherwise.