G-03-04-24-13C1 - 4/24/2003ORDINANCE NO. (7' Ems' Q'7 -a q -/3c
AN ORDINANCE AMENDING CHAPTER 1, ADDING SECTION
1.3200, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, ESTABLISHING THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock has
found it to be in the best interests of the citizens of Round Rock
to establish a Capital Improvements Advisory Committee; and
WHEREAS, the City Council of the City of Round Rock is
authorized to appoint a Capital Improvements Advisory Committee,
under Section 395.058(a) of the Texas Local Government Code; Now
Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 1 of the Code of Ordinances (1995 Edition), City
of Round Rock, Texas, is hereby amended to add a section to be
numbered Section 1.3200, which said section shall read as follows:
SECTION 1.3200 CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
1.3201 COMMITTEE CREATED
The City Council shall provide for the appointment of a Capital Improvement Advisory Committee
(CIAC) and the regulations and restrictions adopted shall be pursuant to the provisions of
applicable statutory requirements for a capital improvement advisory committee under state law.
O:\wdox\ORDINANC\03O424C1.WPD/vr
1.3202 MEMBERSHIP, TERMS AND COMPENSATION
(1) Appointment
The Planning and Zoning Commission (Commission) members shall serve as the CIAC
and the City Council's action of appointing the Commission members shall be deemed to
be their simultaneous appointment as members of the CIAC. If the Commission does not
have at least one representative from the real estate, development, or building industries,
then one such representative shall be appointed by the City Council as an ad hoc voting
member of the CIAC. If the impact fee is to be applied in the extraterritorial jurisdiction
(ETJ) of the City, the CIAC membership must include a representative from that area.
(2) Terms
Terms for CIAC members that are Commission members shall cease or expire when their
Commission term ceases or expires. The term for an ad hoc voting member or member
residing in the ETJ, that is not a member of the Commission, shall be for two (2) years,
and shall expire on the 15th day of June; provided, however, that the members shall
continue to serve until their successors are appointed.
(3) Vacancies
Vacancies shall be filled by the City Council, as necessary, for the unexpired term of any
member whose term becomes vacant.
(4) Removal
CIAC members that are Commission members shall be removed in accordance with the
conditions of removal for a Commission member. A CIAC member, that is not a member
of the Commission may be removed at the will of the City Council.
(5) Compensation
Members shall serve without pay. Members may be reimbursed for actual expenses
incurred in the performance of their duties from available funds approved in advance.
1.3203 POWERS AND DUTIES
The CIAC serves in an advisory capacity and is established to:
(1) advise and assist the City Council in adopting land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semiannual reports with respect to the progress of the capital improvements plan and
report to the City Council any perceived inequities in implementing the plan or imposing
the impact fee; and
(5) advise. the City Council of the need to update or revise the land use assumptions, capital
improvements plan and impact fee.
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1.3204 PROCEDURES
(1) Officers
The Chairperson of the CIAC shall be elected from the membership of the CIAC by a
majority of the members. A vice -chair to serve in the chairperson's absence shall be
likewise elected.
(2) Meetings
All meetings of the CIAC shall be open to the public. In addition to its regular meetings,
meetings also may be called upon the request of the Chairperson of the CIAC, or upon
written request of three members, or upon notice from the City Manager that a matter
requires the consideration of the CIAC.
(3) Quorum
A quorum shall consist of a majority of the entire membership of the CIAC and any issue
to be voted on shall be resolved by a majority of those present.
(4) Notice of Meetings
Public notice of all meetings of the CIAC shall be posted according to the Texas Open
Meetings Act.
(5) Rules of Proceedings
The CIAC shall adopt its own rules of procedure, provided that such shall not be in
conflict with laws applicable to the CIAC or any provisions of this Code.
(6) Minutes
The CIAC shall keep minutes of its proceedings, showing the vote of each member upon
each question, or, if absent or failing to vote indicating that fact.
1.3205 LIMITATIONS
(1) The CIAC shall be advisory in nature and have no authority to obligate the City of Round
Rock in any financial way nor shall the CIAC have the authority to make expenditures of
City funds.
(2) The CIAC shall not request any work done on its own authority nor promise the citizens
that work will be done.
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II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this
Cof , 2003.
:7 u, day
Alternative 2.
READ and APPROVED on first reading this the day of
, 2003.
4
READ, APPROVED and ADOPTED on second reading this the
day of
k
, 2003.
NYL ELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
5
DATE: April 18, 2003
SUBJECT: City Council Meeting — April 24, 2003
ITEM: 13.C.1. Consider an ordinance amending Chapter 1 of the Round Rock
Code of Ordinances (1995 Edition), adding Section 1.3200,
establishing the Capital Improvements Advisory Committee. (First
Reading)
Resource: Joe Vining, Planning Director
History: Section 395.058 of the Local Government Code requires the Council to appoint a
capital improvements advisory committee composed of not less than five members,
prior to the adoption of land use assumptions, a capital improvements plan and
impact fees. The Code authorizes the Planning and Zoning Commission to act as
the advisory committee if the commission includes at least one representative of the
real estate, development, or building industry who is not a city employee or official.
The current Planning and Zoning Commission meets the criteria.
The Local Government Code stipulates that if an impact fee is to be applied in the
extraterritorial jurisdiction, the advisory committee membership must include a
representative from that area.
The Local Government Code also requires the Capital Improvements Advisory
Committee to be assigned the duties specified by Section 395.058 (c) of the Texas
Local Government Code.
Funding
Cost: N/A
Source of Funds: N/A
Outside Resources: None.
Impact: The current water and wastewater impact fees are being reviewed at the request of
Home Builders Association of Greater Austin.
Benefit: New fees will reflect updated costs.
Public Comment: None.
Sponsor: Planning and Community Development Department