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HomeMy WebLinkAboutORD 2014-92 - B&C Finance, Planning & GUS BoardOrdinance r «, AN ORDINANCE OF • • OF OF GEORGETOWN, TEXAS ("CITY") AMENDING THE CODE OF ORDINANCES, CHAPTER 2.52 "GENERAL GOVERNMENT AND FINANCE ADVISORY BOARD, - CHAPTER 2.48 "'CITY PLANNING AND ZONING COMMISSION," CHAPTER 2.49 -ZONING BOARD OF ADJUSTMENT,- CHAPTER 2.64 -BUILDING STANDARDS COMMISSION," CHAPTER 2.109 -UTILITY SYSTEMS ADVISORY BOARD," AND CHAPTER 2.113 "GEORGETOWN TRANSPORTATION ADVISORY BOARD; - ORDINANCES ♦ !RESOLUTIONS; AND PROVIDING AN DATE. WHEREAS, the City Council is authorized by Section 2.14 of the City Charter with the power to establish boards, commissions and committees to assist it in carrying out its duties in accordance with State law; and WHEREAS, the City Council now finds it necessary to amend Title 2 of the Code of Ordinances by amending the following advisory boards; and WHEREAS, on October 14, 2014, the Council directed staff to prepare ordinances amending the General Government and Finance Advisory Board, the City Planning and Zoning Commission, the Zoning Board of Adjustment, the Utility Systems Advisory Board, and the Georgetown Transportation Advisory Board; and WHEREAS, the City Council desires that all bylaws and related ordinances for Boards, Commissions, and Committees ("Boards") be maintained following a uniform standard; and WHEREAS, the amendments contained in this ordinance were considered and completed by City Staff for deliberation and approval by the City Council; and WHEREAS, on October 28, 2014, the City Council approved the first reading amendments contained herein at Exhibits A -F; and WHEREAS, every general ordinance enacted subsequent to codification shall be enacted as an amendment to the Code; and Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein .and expressly made a part hereof, as if copied verbatim. Amending Finance, Planning, and GUS Boards and Commissions Pagel of 2 Ordinance 2014- eta Date Approved: Section 2. Portions of the following chapters of the Code of Ordinances are hereby amended as described in Exhibit "A" through "F": 'E77,f7i =1A =-h—ap 7er 275=enerajMl emment anci•IsorY Exhibit B - Chapter 2.48 "City Planning and Zoning Commissiort" Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" Exhibit D – Chapter 2.64 "Building Standards Commission�' Exhibit E – Chapter 2.109 "'Utility Systems Advisory Board" Ex d" hibit F – Chapter 2.113 "Georgetown Transportation Advisory Boar I Section 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. If any provision of this Ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. 'e is soAretitle, City Secretary Y � Ilr Y i�l�li. � I � i I , - q W I I I : I I ffl- Om I I 119*11tal Dale Ross, Mayor Amending Finance, Planning, and GUS Boards and Commissions Page 2 of 2 Ordinance 2014- of 2k Date Approved: ::Itil (( Exhibit A • --- (8) --- Editor's note— Prior to the reenactment of Chapter 2.52 by Ord. No. 2013-03, § 2(Exh. A), adopted February 12, 2013, Ord. No. 2001-19, § 2, adopted February 27, 2001, repealed the former Chapter 2.52 in its entirety, which pertained to the Capital Area Planning Council and derived from the prior code, § 19-4. Sec. 2.52.010. - Created; Membership. A. There is hereby created the General Government and Finance Advisory Board of the City of Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board will consist of five members. Three members shall be members of the City Council. The remaining members shall be appointed in accordance with the City Charter. C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2013-03, § 2(Exh. Al) Sec. 2.52.020. - Purpose. It is the purpose and intent of the Council to create an advisory board empowered to review and analyze the general government and finance activities of the City that include but are not limited to the following areas: Finance administration, including fiscal matters, debt and treasury management; accounting and financial reporting; purchasing; the Municipal Court; facilities maintenance including construction and renovation of City facilities; vehicle services; information technology; compensation and benefits; City insurance; and other related items as recommended by the City Manager, and to report, by official vote, their recommendations to the City Council. (Ord. No. 2013-03, § 2(Exh. A)) Exhibit A - Chapter 2.52 "General Government and Finance Advisory Board" UNNOMM --- (6) --- Editor's note— Ord. No. 2011-20, § 2(Exh. B), adopted May 10, 2011, amended Chapter 2.48 in its entirety to read as herein set out. Formerly, Chapter 2.48 pertained to similar subject matter and derived from the prior code § 19-1 (part) — 19-3.- Ord. No. 870086.019, § 1; Ord. No. 880371, § 21 Ord. No. 2001-18, § 2; Ord. No. 2007-65, §§ 2,3, and Ord. No. 2010-16, § 6(Exh. N). Sec. 2.48.010. - Created; membership; qualifications. A. There is created the "Planning and Zoning Commission" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Commission is composed of seven members. The Commission shall be broadly representative as a whole, and whenever possible, members shall be drawn from different residential areas, different racial and ethnic groups, different occupations and professions, and different interest groups. The members may also be members of the Zoning Board of Adjustment. The members of the Commission shall be appointed in accordance with the City Charter. C. The City Council shall appoint three persons who would be qualified to serve on the Commission as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. D. All of the seven members shall be registered voters in the City and must have resided within the City for one year next preceding their appointment. (Ord. No. 2011-20, § 2(Exh. B)) Sec. 2.48.020. - Purpose. The Commission has the power and it shall be its duty: A. To make appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; B. To make plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the commission, bears a relation to the planning of the City and to make changes in, additions to and extensions of such plans or maps when it deems the same advisable; Exhibit B - Chapter 2.48 "City Planning and Zoning Connnission " C. To act with and assist all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; D. To recommend to the City Council the passage of such ordinances as it may deem necessary to carry out its program; E. To recommend to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community, F. To make studies and recommend to the City Council plans for clearing the City of slums and blighted areas; G. To aid and assist the City Council in the annual preparation of a long range capital improvement budget, and determination of sources of funds therefor; I. To function as the City zoning commission and exercise all of those powers and duties permitted by Chapters 211 of the Local Government Code, the City Charter and City ordinances, as each may be amended from time to time. (Ord. No. 2011-20, § 2(Exh. B)) The Commission has the power to make rules, regulations and bylaws for its own government to the extent provided for in Chapters 211 of the Local Government Code. These rules and regulations shall conform as nearly as possible with those governing the City Council and shall be subject to approval by the City Council. (Ord. No. 2011-20, § 2(Exh. B)) Exhibit B - Chapter 2.48 "City Planning and Zoning Coininission " WINBRD There is created a "Zoning Board of Adjustment" of the City of Georgetown (the "Board") in accordance with the provisions of Local Government Code § 211.008. This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. (Ord. No. 2011-20, § 2(Exh. Q; Ord. No. 2008-03, § 3,1-22-08) Sec. 2.49.020. - Membership. A. The Board shall consist of five members. Members shall be appointed in accordance with the City Charter. C. City Council may remove a member from the Board, for cause, as found on a written charge after a public hearing. D. A vacancy on the Board shall be filled for the unexpire•term. (Ord. No. 2011-20, § 2(Exh. Q; Ord008-03, § 3, 1-22-08) Sec. 2.49.030. - Meetings and hearings to be public. Meetings and hearings of the Board shall be held at the call of the chairman and at such times as the Board may determine. All such meetings and hearings shall be public. Each case before the Board must be heard by at least 75 percent of the members. (Ord. No. 2011-20, § 2(Exh. Q; Ord. No. 2008-03, § 311-22-08) Sec. 2 * 49.040. - Rules and regulations, A. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of B. Approval of any request shall require four affirmative votes. Any request not approved by affirmative vote of four or more members shall be considered denied. C. The Board may adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter, all of which rules and regulations shall operate uniformly in all cases. (Ord. No. 2011-20, § 2 (Exh. Q; Ord. No. 2008-03, § 3, 1-22-08) Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" The Board shall exercise all of the powers and duties permitted by law, including Section 211.008 of the Local Government Code, the City's Unified Development Code, the City Charter and City Ordinances, as each may be amended. (Ord. No. 2011-20, § 2 (Exh. Q; Ord. No. 2008-03, § 3, 1-22-08) Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" FOOTNOTE(S): --- (10) --- Editor's note— Ord. No. 2011-20, § 2(Exh. F), adopted May 5, 2011, amended Chapter 2.64 in its entirety to read as herein set out. Formerly, Chapter 2.64 pertained to similar subject matter and derived from Ord. No. 870265.006 §§ 1(part), 2(part), 3(part); Ord. No. 92-3 § 2; Ord. No. 95-33, § 3; Ord. No. 99-6 § 2, Exh. A; Ord. No. 2001-18, § 3; Ord. No. 2001-76, § 2,12-11-01, and Ord. No. 2007-13, § 4 Coec. 2.64.010. — Created; Membership. A. There is created a "Building Standards Commission" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. The Commission shall hear and determine cases concerning alleged violations of ordinances, as authorized by Chapter 54, Subchapter C, Texas Local Government Code and the City Code of Ordinances. B. The Commission shall consist of five members, who shall be appointed for terms of two years. A minimum of four of the members should be experienced in at least one of the following areas: 1. electrical contracting; 2. real estate profession; 3. architecture, engineering; 4. building construction; 5. fire protection; 6. mechanical contracting (heating, ventilation and air conditioning (HVAC); and/or 7. plumbing contracting. One Commission member will serve at -large. C. A Commission member may be removed by the City Council, for cause, on a written charge. Before the decision regarding removal is made, the City Council shall hold a public hearing on the matter, if so requested by the member that is subject to the removal action. (Ord. No. 2011-20, § 2(Exh. F)) D. Members shall reside within the corporate City limits or within the extraterritorial jurisdiction of the City during the time in which they serve on the Commission. Sec. 2.64.040. - Vacancies. If for any reason any member of the Commission is unable to act, resigns from his or her respective position, or is removed for any cause, then the appointment of a successor to fill the Exhibit D - Chapter 2.64 "Building Standards Commission" Page 1 of 4 unexpired term of that Commission member shall be made in accordance with the City Charter for original appointments. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.050. - Meetings and hearings to be public. Meetings and hearings of the Commission shall be held at the call of the chairman and at such times as the Commission may determine. All such meetings and hearings shall be public. Each case before the Commission must be heard by a majority of the members. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.060. - Rules and regulations. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Commission's recording secretary and shall be a public record. Any request not approved by affirmative vote of three or more members shall be considered denied. The Commission may adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter, all of which rules and regulations shall operate uniformly in all cases. (Ord. No. 2014-26, § 3; Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.080. - Meetings. The Commission has the power to promulgate its own rules governing its meeting and proceedings, subject to the provisions of this article, but the Commission shall have at least one regular meeting each calendar year. Special meetings of the Commission shall be called by the Chairman of the Commission or upon written request of three members of the Commission. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.090. - j' •• and deciding. and refusals of ruling by the City Building Inspectors or Officials when requests of a modification or a .r.--ritt,ect _?i &--havA been made, Whenever a Cii Building Inspector or Official rejects or refuses to approve the mode or manner of work proposed to be followed or materials to be used in the proposed construction, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his/her duly authorized agent, may appeal the decision of the City official to the Commission. Notice of the appeal shall be in writing and filed within 90 days after the decision is rendered by the City official. (Ord. No. 2011-20, Sec. 2.64.100. - Appeals—Notice. A. Such appeals shall be perfected by giving written notice containing the following information to the Chairman of the Commission: Exhibit D - Chapter 2.64 "Building Standards Commission" Page 2 of 4 2. Facts surrounding the particular ruling or refusal to make ruling; 3. The ruling, if any, of the City Building Official; and 4. Reasons why such ruling should be set aside, or, if the ruling was refused, why such ruling should be made. B. The person making the appeal shall send copies of such appeal to the Building Official and the City Attorney. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.110. - Appeal—Time limitation. In case of a building or structure which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may, in his order, limit the time of such appeal to a shorter period. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.120. - Hearing—Notice. Ua*_-t_re_ceiviT#q,2, -t�otici iaiwal, the Chairman of the Commission shall make an order settin I _WK UU%_ffCa_5j! - - I I -•— writing to the person making the appeal, and the Building Official, and the City Attorney. (Ord. No. 2011-20, Sec. 2.64.130. - Hearing—Time and place. The hearing shall be held as soon as is practicable, and in all cases shall be within two weeks after the notice of appeal is received by the Chairman of the Commission, unless the person making the appeal requests in writing that he or she be granted additional time. If such person has failed to make his/her appearance at the proper time and place to present his/her appeal, then at the next consecutive regular meeting of the Commission after such notice of appeal has been received by the Chairman, said appeal shall be dismissed by the Commission. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.140. - Hearing—Decision. The Commission shall, in every case, reach a decision without unreasonable or unnecessary delay. If a decision of the Commission reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of this Code, the Building Official shall immediately take action in accordance with such decision. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.150. - Variance of provisions. The Commission, after hearing an appeal, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest Exhibit D - Chapter 2.64 "Building Standards Commission" Page 3 of 4 injustice and would be contrary to the spirit and purpose of this Code or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed. (Ord. No. 2011-20, § 2(Exh. F)) Every decision of the Commission shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.170. - Building Official ruling effective pending appeal. During the pendency of the appeal to the Commission, the ruling or refusal of the Building Official shall be in full force and effect. (Ord. No. 2011-20, § 2(Exh. F)) Exhibit D - Chapter 2.64 "Building Standards Commission" Page 4 of 4 FOOTNOTE(S): --- (14) --- Editor's note— Ord. No. 2011-20, § 2(Exh. M), adopted May 10, 2011, amended Chapter 2.109 in its entirety to read as herein set out. Formerly, Chapter 2.109, § § 2.109.010-2.109.070 pertained to similar subject matter and derived from Ord. No. 2002-13, § 2, and Ord. No. 2003- 70,§2 See. 2.109.010. - Created; membership. A. There is created the "Utility Systems Advisory Board" of the City ("the Board"). Th Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. I B. The Board will consist of seven members. Two members shall be members of the City Council. The remaining members shall be appointed in accordance with the City Charter. Whenever possible, members shall have expertise in the areas of: 1. water/wastewater; 2. construction standards; 3. electricity; or 4. environmental engineering/stormwater drainage. C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2011-20, § 2(Exh. M)) See. 2.109.030. - Purpose. It is the purpose and intent of the Council to create an advisory board empowered to review a analyze the policies and resources of the Georgetown Utility Systems for purposes of providil! advice to the Council concerning the business aspects of such policies and resources as they relate to City funded capital improvements projects, utility services, resource supplies, water, wastewater, stormwater and electric rates, impact fees, and other Council -assigned projects, E� to report, by official vote, their recommendations to the City Council. (Ord. No. 2011-20, Exhibit E - Chapter 2.109 "Utility Systems Advisory Board" FOOTNOTE(S): --- (18) --- Editor's note— Ord. No. 2011-20, § 2(Exh. P), adopted May 10, 2011, amended Chapter 2.113 in its entirety to read as herein set out. Formerly, Chapter 2.113, §§ 2.113.010-2.112.070 pertained to similar subject matter and derived from Ord. No. 2005-40, § 2 Sec. 2.113.010. - Created; membership. A. There is created the "Georgetown Transportation Advisory Board" of the City 1 Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36, City Commissions, Committees, and Boards. F B. The Board will consist of nine members. 1. Two members shall be members of the City Council; and 2. Two members shall have expertise in the aviation field; and 3. One member shall be from the Georgetown Transportation Enhancement Corporation, preferably the chairperson; and 4. One member shall be from the Georgetown Planning and Zoning Commission, preferably the chairperson; and 5. The remaining three members shall be citizens appointed in accordance with the City Charter. C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2013-04, § 3(Exh. A); Ord. No. 2011-20, § 2(Exh. P)) 113.030 * - Purpose. A. The purpose and goals of the Board shall be. 1. To assist in the development of a continuing, comprehensive, multi -modal transportation planning process carried on cooperatively with State and local transportation agencies in concurrence with State and Federal guidelines; 2. To advise the City Council on the status of the needs identified through the continuing multi -modal transportation planning process; 3. To facilitate coordination and communication between policy boards and agenci represented on the Board; i 4. To assist the general public in understanding transportation decisions and policies of the boards; Exhibit F - Chapter 2.113 "Georgetown Transportation Advisory Board" 5. To act as a conduit for cooperative decision making by transportation officials of this urbanized area in cooperation with Federal, State, Regional, County, and local transportation agencies, thereby serving as the basis for a integrative transportation planning process; 6. To review items related to transportation improvements, transportation modeling, transportation development, transportation planning, transportation infrastructure, and stormwater and conveyance systems, including, but not limited to, streets, roads, sidewalks, highways, freeways, aviation, transit services, and rail; 7. To review items related to safety, construction, leases, charges, maintenance and the operation of the airport; 8. To review/recommend various potential funding mechanisms to conduct necessary transportation improvements and projects; and 9. To make recommendations and advise the City Council on matters requiring Council action or direction as prepared by staff for Council consideration. B. The responsibilities of the Board shall include - 1. Establishment of short-term and long-tenn goals and objectives for the transportation planning process; 2. Review and recommend approval of transportation planning, design and implementation projects for the City-, 3. Review and recommend approval of leases, rates and other revenue options related to transportation and stormwater utilities-, 4. Review and recommend changes to the Urbanized Area Boundary, the Transportatij Planning Area Boundary, the Overall Transportation Plan (OTP), Airport Master Plan, and other special area transportation, stormwater and drainage studies, 5. Review and recommend changes to the adopted Capital Area Metropolitan Plannill Organization Comprehensive Transportation Plan; and 6. Review and recommend approval of the City's Transportation Capital Improvement Program (TCIP) for multi -modal capital and operating expenditures to insure coordination between local, County, Regional, and State capital and operating improvement programs. (Ord. No. 2013-04, § 3(Exh. A); Ord. No. 2011-20, Exhibit F - Chapter 2.113 "Georgetown Transportation Advisory Board"