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HomeMy WebLinkAboutRES 022817-C - Amend B&C BylawsRESOLUTION NO. O c aSVI - C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE ATTACHED BYLAWS AS AMENDED FOR THE PLANNING AND ZONING COMMISSION, THE HISTORIC AND ARCHITECTURAL REVIEW COMMISSION, AND THE ZONING BOARD OF ADJUSTMENT; PROVIDING A CONFLICT CLAUSE AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances regarding certain advisory boards and commissions has been amended to update their purpose statement and update the board ordinance language for clarity and functionality; and WHEREAS, the attached Bylaws have been amended pursuant to City Council direction. NOW THEREFORE BE IT RESOLVED: SECTION ONE. The facts and recitations contained in the preamble of this resolution 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. SECTION TWO. The following Bylaws, attached to this Resolution, are approved and adopted: Exhibit A —'Planning and Zoning Commission Bylaws" Exhibit B — "Historic and Architectural Review Commission Bylaws" Exhibit C — "Zoning Board of Adjustment Bylaws" SECTION THREE. If any provision of this Resolution 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 Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. SECTION FOUR. This Resolution shall be effective immediately. SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall become effective upon its adoption. Amending Certain Advisory Board and Commission Bylaws Page 1 of 2 Resolution No. Approved: February 28, 2017 PASSED AND APPROVED on the �g day of February, 2017. ATTEST: S Shelley Nowling, ty Secretary APPROVED AS TO FORM: Charlie McNabb City Attorney CITY OF GEORGETOWN, TEXAS By: Dale Ross, Mayor Amending Certain Advisory Board and Commission Bylaws Page 2 of 2 Resolution No. 0i x 11 -G Approved: February 28, 2017 Exhibit A CITY OF GEORGETOWN PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission ("Commission'). Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a zoning commission as permitted by law, including Local Government Code Chapter 211, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.48. b. The Commission has the power, and its duties include: 1. making appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; 2. making 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 making changes in, additions to and extensions of such plans or maps when it deems the same advisable; 3. acting with and assisting all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; 4. recommending to the City Council the passage of such ordinances as it may deem necessary to carry out its program; 5. recommending to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; 6. making studies and recommending to the City Council plans for Clearing the City of slums and blighted areas; and Planning and Zoning Commission Bylaws Revised February 2017 Page I of 7. aiding and assisting the City Council in the annual preparation of a long range capital improvement budget and determining sources of funds; and S. performing such other duties as may be prescribed by ordinance or State law; and 9. functioning as the City zoning commission and exercise all of those powers and duties permitted by Chapter 221 of the Local Government Code, the City Charter, and City ordinances, as each may be amended from time to time. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be comprised of seven (7) Members. Section 2.2. Eligibility. All of the seven Members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. 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. Section 2.3. Appointment of Commission Members and Commissioners -in - Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall appoint two persons who would be qualified to serve on the Commission as Alternate Members. Alternate Members shall serve as alternates with voting privileges for any absent Member in the event a EfaeFdffi iSnet present €er easan Each individual appointed as an Alternate Member shall be appointed as either Alternate Member 1 or Alternate Member 2, and each shall rotate as the Alternate Commissioner serving as a Commissioner when needed. Alternate Members 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. Planning and Zoning Commission Bylaws Revised February 2017 Page 2 of 7 Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Board Officers are Chairman, Vice -Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as Chairman without a recommendation of the Mayor. The other Board Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice - Chairman shall serve as Chairman until the City Council appoints a replacement Planning and Zoning Commission Bylaws Revised February 2017 Page 3 of 7 Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the Commission. The Vice -Chairman presides at Commission meetings in the Chairman s absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet at least once a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. One additional meeting per month may be called with consent of the Commission and at the direction of the Planning Director, as needed. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Planning and Zoning Commission Bylaws Revised February 2017 Page 4 of 7 Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman and Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Planning and Zoning Commission Bylaws Revised February 2017 Page 5 of 7 Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Planning and Zoning Commission Bylaws Revised February 2017 Page 6 of 7 Subcommittees comprised of non -Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commissions proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Commissions approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of 2017. ATTEST: THE CITY OF GEORGETOWN City Secretary Mayor Approved and adopted at a meeting of the Commission on the day of , 2017. ATTEST: COMMISSION Commission Secretary Commission Chairman Planning and Zoning Commission Bylaws Revised February 2017 Page 7 of 7 Exhibit B CITY OF GEORGETOWN HISTORIC AND ARCHITECTURAL REVIEW COMMISSION BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Historic and Architectural Review Commission ("Commission' or "HARC"). Section 1.2. Purpose. a. The Commission has the power and it shall be its duty: 1. To make recommendations to the City Council on the designation of Historic Overlay Districts and Historic Landmarks; 2. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; 3. To approve or disapprove Certificates of Appropriateness; 4. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and 5. To perform any other functions requested by the City Council. See Ordinance Chapter 2.50. b. The Commission shall have the express authority to delegate review of minor projects (as defined by majority vote of the Commission) to either: 1. A Subcommittee of the Commission composed of at least three members; or 2. City Staff as designated by the City Manager. c. Any permit issued pursuant to such delegation of authority shall 'require the signature of the Chairman or Vice -Chairman of the Commission and any denial may be appealed to the full Commission. Historic and Architectural Review Commission Bylaws Revised February 2017 Page 1 of 8 Section 1.3. Delegation of a Demolition Subcommittee. a. The HARC shall appoint a Demolition Subcommittee to review and provide a recommendation to the HARC on requests for a Certificate of Appropriateness for the relocation, removal or demolition of a building or structure designated as a Historic Landmark or a contributing historic structure, in accordance with the process established in the Unified Development Code. 1. The Demolition Subcommittee shall be composed of at least three members. 2. The members of the Demolition Subcommittee shall consist of two HARC members and the Building Official. 3. Whenever possible, one of the HARC members to be appointed to the Demolition Subcommittee shall meet one or more of the following categories: 1. Licensed Architect, or 2. Structural Engineer, or 3. Historic Preservationist. b. The Demolition Subcommittee may consult with a licensed architect, structural engineer or historic preservationist to review the request, and make a preliminary report to the subcommittee. In this event, the report shall be made part of the subcommittee's recommendation to the HARC. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be composed of not less than seven (7) Members. Section 2.2. Eligibility. a. All Commission Members shall either reside in the corporate City limits or the extraterritorial jurisdiction of the City or own real property that is designated as historic, either in the City's historic survey _ or with a state or federal historic designation, or located within the Downtown of Old Town Overlay Districts. b. Whenever possible, the Commission shall include a minimum of two Members who are property owners in the Downtown Overlay District and a maximum of two Historic and Architectural Review Commission Bylaws Revised February 2017 Page 2 of 8 Members from each of the following categories having a demonstrated interest in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories: 1. licensed architect; 2. landscape architect, professional planner or urban designer; 3. historian or person with expertise in historic preservation; 4. developer, contractor or realtor; and 5. property owner or non -owner tenant within the Downtown Overlay District. Citizens -at -large with an interest in historic preservation or urban design shall be appointed to the Commission to fill remaining appointments. Section 2.3. Appointment of Commission Members and Commissioners -in - Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall appoint two persons who would be qualified to serve on HARC as Alternate Members. Alternate Members shall serve as alternates with voting privileges for any absent Commissioner is the event a queFum is net present €erany season. Each individual appointed as an Alternate Member shall be appointed as either Alternate Member 1 or Alternate Member 2, and each shall rotate as the Alternate Commissioner serving as a Commissioner when needed. Alternate Members 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.. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Historic and Architectural Review Commission Bylaws Revised February 2017 Page 3 of 8 Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice -Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as a Chairman without a recommendation of the Mayor. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice - Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. Historic and Architectural Review Commission Bylaws Revised February 2017 Page 4 of 8 b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the Commission. The Vice -Chairman presides at Commission meetings in the Chairman's absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman s absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet once a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the Director of Planning and Development or designee (as Historic Preservation Officer), the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman and Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Historic and Architectural Review commission Bylaws Revised February 2017 Pages of Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.0101). Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting.. Speakers shall be allowed a maximum of.three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the Historic and Architechual Review commission Bylaws Revised Febmary 2017 Page 6 of 8 specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission.. The Commissions proposed amendments to the Historic and Architectural Review Commission Bylaws Revised Febnuvy 2017 Page 7 of 8 Bylaws must be approved by City Council at the next Council meeting after the Commissions approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of .2015. ATTEST: City Secretary THE CITY OF GEORGETOWN Mayor Approved and adopted at a meeting of the Commission on the day of .2016. ATTEST: COMMISSION Commission Secretary Commission Chairman Historic and Architectural Review Commission Bylaws Revised February 2017 Page 8 of 8 Exhibit C CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT BYLAWS ARTICLE 1. NAME AND PURPOSE Section 1.1. Name. Zoning Board of Adjustment ('Board"). Section 1.2. Purpose. The Board is established to exercise the powers and duties of a board of adjustment as permitted by law, including Local Government Code Chapter 211, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.49. ARTICLE H. MEMBERSHIP Section 2.1. Number of Members. The Board will be comprised of seven (71 Members. The City Council shall appoint two persons who would be aualitied to serve on the Board as Alternate Members Alternate Members shall serve as alternates with voting privileges for airy absent Member. Each individual appointed as an Alternate Member shall be annointed as either Alternate Member I or Alternate Member?. and each shall rotate as the Alternate Member serving as a Board Member when needed. Alternate Members shall be eligible to be appointed to the position of Board Member upon the expiration of the term of a regular Board Member or lmpn the creation of a vacant\ on the Board. All of the seven members and the alternate members shall reside in the corporate City limits or the extraterritorial jurisdiction of The Clt\ThA Dd.....dJ ..dol he eempr-isedJ of five (5) Members. Section 2.2. Eligibility. The Board shall be broadly representative as a whole. and whenever possible members shall be drawn from different residential areas. different racial and ethnic Urouns. different occupations and professions. and different interest groups. Members of the Board may also be Members of the Planning and Zoning Commission. Section 2.3. Appointment of Board Members. Members of the Board shall be appointed pursuant to and in accordance with the City Charter. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Board and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Board. Zoning Board of Adjustment Bylaws Revised February 2017 Page 1 of 5 Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Board and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. A Member may be removed from the Board for cause, on written charge. Before the decision regarding removal is made, the City Council shall hold a public hearing on the matter unless waived by the Member that is subject to the removal action. Removal shall be by majority vote of the City Council. ARTICLE III. BOARD OFFICERS Section 3.1. Officers. The Board Officers are Chairman, Vice -Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by avote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as Chairman without a recommendation of the Mayor. The other Board Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Board Officers. Board Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice -Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired tern. If possible, a Board Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Board meetings. The Chairman shall generally manage the business of the Board. The Chairman shall perform the duties delegated to the Chairman by the Board. b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the Board. The Vice -Chairman presides at Board meetings in the Chairman's absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. c. The Secretary shall perform .the duties delegated to the Secretary by the Board. ARTICLE IV. MEETINGS Zoning Board of Adjustment Bylaws Revised February 2017 Page 2 of 5 Section 4.1. Time and Date of Regular Meeting. 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 meetings and hearings shall be public. Each case before the Board must be heard by at least 75 percent of the Members. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Board meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Board meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or on written request of two (2) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Board to convene a meeting and to conduct business at a meeting. Attendance of at least 75 percent of the Members is required to hear and determine a case. Section 4.5. Call to Order. Board meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman and Vice - Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Board meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Board. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Board Members. Unless otherwise provided by law, each case before the Board must be heard and determined by at least 75 percent of the Members. Any request not approved by affirmative vote of at least four Members shall be considered denied. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Board meetings. The minutes shall show the vote of each Member upon each question or, if absent or failing to vote, indicating such fact, and examinations and other official actions. The Staff Liaison is the custodian of all Board records and documents. Zoning Board of Adjustment Bylaws Revised February 2017 Page 3 of 5 Section 4.9. Attendance. Members are required to attend Board meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Board. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Board meetings and Subcommittee meetings. If a Member is removed from the Board that position shall be considered vacant and a new Member shall be appointed to the Board in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Board meetings and to speak on any item on the agenda. A person wishing to address the Board must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Board, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Board and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Board meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Board meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Board may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Board meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Board shall meet with City Council, as requested, to determine how the Board may best serve and assist City Council. City Council shall hear reports.from the Board at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Zoning Board of j Revised February Page 4 of 5 Section 6.1. Formation. When deemed necessary by a majority of the Board, Subcommittees may be formed for specific projects related to Board matters. Subcommittees comprised of non -Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Board. Subcommittee expenses may be reimbursed if authorized and approved by the Board or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Board Members at any regular meeting of the Board. The Board's proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Board's approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of .2017. ATTEST: City Secretary THE CITY OF GEORGETOWN Mayor Approved and adopted at a meeting of the Commission on the day of 2017. ATTEST: Board Secretary Zoning Board of Adjustment Bylaws Revised February 2017 Page 5 of 5 Board Chairman