Sec. 118. - Duties and powers.
Sec. 123. - Legal effect of master plan.
Sec. 123A. - [Annexed land submitted to Planning Commission.]
There is hereby established a planning commission which shall consist of nine members, who shall be appointed by the council as nearly as practicable from various areas of the city, for overlapping two year terms; provided, however, that, initially, five members of the commission shall be appointed for terms of two years and four members for terms of one year. The city manager, a member of the council designated by the council, the chairman of the zoning commission and the chairman of the zoning board of adjustment shall be ex officio members of the commission. The council may appoint other ex officio members. Appointive members of the commission, other than those serving in an ex officio capacity, may not hold any other public office for which compensation is paid by the State of Texas or any political subdivision thereof. A majority of appointive members, other than ex officio, shall constitute a quorum. The commission shall elect a chairman from its own membership, and shall meet not less than once each month. Members of the commission, other than those serving in an ex officio capacity, may be paid compensation not to exceed twenty dollars per meeting, and not exceeding $1,040 per annum, as may be determined by the council. Any vacancy occurring during the unexpired term of an appointive member shall be filled by the council for the remainder of the unexpired term.
Sec. 118. - Duties and powers.
Par 1. The commission shall be responsible to and shall act as an advisory body to the council. The commission shall:
(1)
Make, amend, extend and add to a master plan for the physical development of the city.
(2)
Submit annually to the city manager, not less than ninety days prior to the beginning of the budget year, a list of recommended capital improvements to be constructed during the forthcoming five-year period.
(3)
Submit annually its budget estimate to the finance department at the same time and in the same manner as is required of city departments and agencies.
(4)
Keep a public record of its resolutions, findings, and determinations.
Par. 2. The commission shall have power to:
(1)
Prepare, recommend, and administer rules and regulations pertaining to subdivisions and to platting in territory outside the city limits and within the extraterritorial jurisdiction.
(2)
Within its budget appropriation, contract with city planners and other consultants for such services as it may require.
(3)
Make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens.
Par. 3. The commission shall perform such additional duties and exercise such additional powers as may be prescribed by ordinance.
(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
There shall be a director of planning who shall be appointed and removed by the city manager and who shall receive such compensation as may be fixed by the council. The director shall be qualified in the field of city planning. He shall be the regular technical adviser of the commission, may be designated as its executive secretary, and shall have such other authority and duties as the commission may establish.
The planning commission shall have additional employees as may be provided by ordinance. Such employees shall be in the classified civil service of the city and shall be appointed and may be removed by the city manager, or, with the approval of the city manager, by the director of planning.
The master plan for the physical development of the city shall contain the commission's recommendations for the growth, development and beautification of city territory. The commission may adopt the master plan as a whole or in parts and may adopt any amendment thereto. The adoption of the plan or of any such part or amendment shall be by resolution, but before the adoption of the plan or any such part or amendment, the commission shall hold at least one public hearing on the proposed action.
Par. 1. Master plan. A copy of the master plan, or any part thereof, shall be forwarded to the city manager who shall thereupon submit such plan or part thereof to the council, together with his recommendations, if any. The council may adopt or reject such plan or such part thereof as submitted; provided, however, that if the council should fail to act on such plan or part thereof for sixty days following its submission by the city manager, it shall be deemed thereafter approved. If such plan or part thereof should be rejected by the council, the planning commission may modify such plan or part thereof and again forward it to the city manager for submission to the council.
Par. 2. Rules and regulations. All rules and regulations adopted by the planning commission shall be forwarded to the city manager who shall submit them to the council with his recommendations. The council may adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the planning commission may modify them, and submit such modified rules and regulations or new rules and regulations to the city manager for submission, with his recommendations to the council.
Sec. 123. - Legal effect of master plan.
Following the adoption of the master plan by the council, no subdivision, street, park, nor any public way, ground or space, public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in the city, nor shall any real property be acquired by the city, until and unless the location and extent thereof shall have been submitted to and approved by the commission; provided, that, in case of disapproval, the commission shall communicate its reasons to the council, which shall have the power to overrule such disapproval, and, upon such overruling, the council or the appropriate office, department or agency shall have power to proceed. The widening, narrowing, relocation, vacation or change in the use of any street, river, or watercourse, or other public way or ground or the sale of any public building or real property shall be subject to similar submission and approval, and failure to approve may be similarly overruled by the council. The failure of the commission to act within thirty days after the date of official submission to the commission shall be deemed approval, unless a longer period be granted by the council or the submitting official.
Sec. 123A. - [Annexed land submitted to Planning Commission.]
No land shall be annexed into the City until and unless the location and extent thereof shall have been submitted to the Planning Commission and the Commission shall have made a recommendation to the City Council on the proposed annexation. In case of disapproval by the Commission, it shall communicate its reasons to the Council. The Council shall have the right to overrule such disapproval. Failure of the Commission to act within thirty days after the date of submission shall be deemed approved, unless a longer period be granted by the Council.
(Ord. No. 85965, § 1 (Prop. 2), 5-5-97)