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HomeMy WebLinkAboutOrdinance No. 06ORDINANCE NO. AN ORDINANCE ESTABLISHING A CITY PLANNING AND ZONING COMMISSION FOR THE CITY OF THE COLONY, TEXAS, PROVIDING FOR ITS MEMBER- SHIP ORGANIZATION, AND DUTIES WHEREAS, the City Council hereby finds and determines that it is necessary and desirable to appoint a Zoning Com- mission in order to avail itself of the power conferred by Articles 101la-1011j, Vernon's Annotated Texas Civil Statutes, relating to zoning; and WHEREAS, the City Council hereby finds tht it is desir- able to have that same Commission also act as a Planning Commission and that the single Commission be known as the Planning and Zoning Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE COLONY, TEXAS: Section 1. Creation: There is hereby created and established a City Planning and Zoning Commission (here- inafter referred to as the "Commission") in and for the City of The Colony, Texas. Section 2. Organization: (A) The Commission shall consist of five (5) members appointed by a majority of the City Council. (B) Each member of the Commission shall own real property or reside in said city. The General Manager of The Colony Municipal Utility District, a member of the Lewisville Independent School District Board of Trustees, the fire chief of The Colony Volunteer Fire Department shall serve as ex -officio members of the Commission. (C) Each member of the Commission shall occupy a specific place, such places being numbered 1, 2, 3, 4 and 5 respectively. Upon initial appointment to the Commission each member shall draw for their respective places and thereafter appointments shall be made to fill vacancies in a specific place. (D) Initially the term for places 1 and 2 shall expire May 30, 1979, and the terms for places 4, 5 and 6 shall expire May 30, 1978. Upon expiration of the respective terms of office as herein provided, there shall be appointed, as to each place, a member of the Commission to serve a two year term, and until their successors are appointed and qualified. (E) Any member of the Commission may be removed from office for good cause shown to exist after a public hearing before the City Council. If a vacancy should exist due to removal from office, resignation, death, refusal or inability to serve, the City Council shall appoint a new member to fill the vacancy for the unexpired term. Section 3. Powers: The Planning and Zoning Commission shall have the following powers: (A) Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City. (B) Formulate and recommend to the City Council for its adoption a City Plan for the orderly growth and develop- ment of the City and its environs, and from time to time recommend such changes in the Plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the City. (C) Formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulation and districts as provided in Articles 101la-1011k, Revised Civil Statutes of Texas, as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under Act are specifically adopted and made a part hereof. -2- (D) Exercise all the powers of a Commission as to approval or disapproval of plans, plats or replats and vacations of plans, plats or replats set out in Article 974a and 970a, Revised Civil Statutes of Texas. (E) Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same. (F) Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and apprutenances. Study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the City. (G) Initiate, in the name of the City, for consideration at public hearing all proposals; (1) for the opening, vacating or closing of public rights-of-way, parks or other public places; (2) for the original zoning of annexed areas; and (3) for the change of zoning district boundaries on an area wide basis. (H) Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted City Plan governing the location of utilities, public facilities and services owned or under the control of the City. (I) Submit each September a progress report to the City Council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and the identity of Commis- sion officers. Section 4. Procedures: (A) The Commission shall select from among its members a Chairman, Vice -Chairman, Secretary and such other officers as may be deemed necessary for the conduct of their business. -3- (B) It shall adopt rules for the practical and efficient transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be public record. (C) A majority of the Commission shall constitute a quorum to do business, and the affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution. (D) Meeting of the Commission may be held as often as necessary to conduct the business coming before the Commission at the call of the Chairman and at such times as the Board may determine. Section 5. Purposes. It shall be the purpose of the Commission to guide and aid in the accomplishment of a coordinated, adjusted and harmonious development of the City and its environs including the implementation of a Comprehen- sive Zoning Ordinance which will, in accordance with the present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the progress of develop- ment; including, among other things, adequate provision for Traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditures of public funds and the adequate provision of public utilities and other public requirements. Section 6. Severability. That is any section or part of this Ordinance that is in conflict with any law of the State of Texas, or hereafter adjudged invalid or unconstitu- tional by a Court of competent jurisdiction; such adjudication or conflict shall not affect the validity of this Ordinance as a whole, nor any Section or part thereof not so adjudged -4- invalid or unconstitutional or in conflict with any law of the State of Texas. This Ordinance is declared to be for the General Welfare. PASSED AND APPROVED at the City of the Colony, Texas, at a Regular Meeting of the City Council, on the 16th day of May, 1977. A ATTEST: City Secr ary City of The Colony, Texas ( S E A L ) ayor 1' ity of The Colony, Texas -5-