Item 4O - MemoCITY OF
SOUTHLAKE
MEMORANDUM
January 6, 2026
To: Alison Ortowski, City Manager
From: Lauren LaNeave, Interim Director of Public Works
Item 40
Subject: Approve Ordinance No. 1228E, 1st Reading, amending Chapter
2, Article 5, of the Southlake City Code to conform to state law
changes impacting the Capital Improvements Advisory
Committee.
Actions
Requested: Approve Ordinance No. 1228E to conform to state law changes,
establishing the Capital Improvements Advisory Committee as an
independent body, with at least 50% of it's members drawn from
real estate, development, or building industries, not employees or
officials of the City.
Background
Information: Senate Bill 1883 took effect on September 1, 2025, and introduced
several amendments to Chapter 395 of the Local Government
Code. One of the most significant changes involves the required
composition of the Capital Improvements Advisory Committee
(CIAC).
Under prior law, the Planning and Zoning Commission
was permitted to serve in a dual role as the CIAC. The new
legislation, however, prohibits this arrangement. Moving forward,
the CIAC must be established as an independent body, with at
least 50 percent of its members drawn from the real estate,
development, or building industries that are not employees or
officials of the City.
These changes require a revision to City Ordinance to ensure full
compliance with the revised statute.
Financial
Considerations: N/A
Strategic Link: B1: Achieving strong outcomes through continual evaluation and
pursuit of better practices that improve core business operations.
Page 1 of 2
Item 40
Citizen Input/
Board Review: N/A
Legal
Review: The proposed ordinance has been reviewed and approved by the
City Attorney.
Alternatives: The City Council may approve or deny Ordinance No. 1228E.
Supporting
Documents:
• Attachment A: Ordinance No. 1228E
Staff
Recommendation: Approve Ordinance No. 1228E to conform to state law changes,
establishing the Capital Improvements Advisory Committee as an
independent body, with at least 50% of it's members drawn from
real estate, development, or building industries, not employees or
officials of the City.
Staff
Contact: Lauren LaNeave, Interim Director of Public Works
Dennis Killough, Director Planning & Development Services
Page 2 of 2
ATTACHMENT A
ORDINANCE NO. 1228E
AN ORDINANCE AMENDING ARTICLE V, "BOARDS, COMMISSIONS
AND COMMITTEES," OF CHAPTER 2, "ADMINISTRATION," OF THE
SOUTHLAKE CITY CODE TO CONFORM TO STATE LAW CHANGES
IMPACTING THE CAPITAL IMPROVEMENTS ADVISORY
COMMITTEE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("City") is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City has previously enacted ordinances creating various
boards, commissions, and committees; and
WHEREAS, these boards, commissions, and committees advise the City Council on matters
related to City policies, planning and programming, and/or fulfill statutory
responsibilities of the City; and
WHEREAS, The Planning and Zoning Commission currently serves as the Capital
Improvements Advisory Committee; and
WHEREAS, the City Council now deems it advisable and necessary to separate the Capital
Improvements Advisory Committee from the Planning and Zoning Commission
in order to comply with revisions in state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, THAT
Section 1.
Section 2-120 "Terms and Conditions of Office" of Division 1 "Generally" of Article V
"Boards, Commissions and Committees," of Chapter 2, "Administration," of the Southlake City
Code is hereby amended to read as follows:
"Sec. 2-120. - Terms and Conditions of Office.
(a) City Council shall appoint all members to each board, commission, or committee per the
provisions in Sec. 2-120(b) unless appointments are specifically specified in the
provisions provided for that board, commission, or committee.
(b) Each member of a city board, commission, or committee appointed after May 19, 2020,
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unless otherwise provided by subsection (e) hereof or state law, the City Charter, or the
Code of Ordinances, shall serve for a term of office to commence upon the date of
appointment by the City Council and to continue for a term of two (2) years, and until the
board, commission or committee member's successor is appointed and qualified. A
simple majority of the board, commission, or committee members (not including
alternate members) shall be appointed in the odd years and the remaining members in
even years. Boards, commissions, or committees with an even number of members will
appoint 50% of the members in an odd year and 50% of the members in an even year.
Alternate member appointments occur in accordance with the applicable general sections
and subsections for that specific board, commission, or committee and will serve for a
term of two (2) years.
(1) With the exception of the Planning and Zoning Commission, no board,
commission, or committee member may serve on the same board, commission, or
committee for more than three (3) consecutive two (2)-year terms unless the
individual serves as chair.
(2) After completion of their term, a board, commission, or committee member may
be immediately appointed to serve on a different board, commission, or
committee. A board, commission, or committee member may serve on more than
one (1) board, commission, or committee at the same time. Also, a board,
commission or committee member may serve on multiple task forces as appointed
by City Council.
(3) Any alternate member of a city board, commission, or committee's term, for the
purpose of term limits, does not begin until appointed as a full member of the
board, commission, or committee.
(4) Any member of a city board, commission, or committee appointed as Chair of a
board, commission, or committee, may be appointed to serve up to three
consecutive two-year terms as chair regardless of the number of terms served
prior to appointment as chair. This applies only to the specific board, commission,
or committee for which the individual is appointed as Chair and does not extend
to any other board, commission, or committee on which the individual may serve.
(c) A board, commission, or committee with member terms of more or less than two (2)
years shall be appointed in accordance with the subsection provided for that specific
board, commission, or committee. Alternate member(s) or replacement member(s)
appointments may occur at any time as required.
(d) Unless otherwise provided by state law, the City Charter, or the Code of Ordinances, the
City Council shall appoint a member to fill a vacancy on a board, commission, or
committee. A member appointed to fill a vacant place on a board, commission, or
committee shall serve for the length of the unexpired term. Members of any City board,
commission, or committee shall serve without compensation and until their successors
are appointed.
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(e) Places on all boards, commissions, or committees, except for the Southlake Youth Action
Commission, Metroport Teen Court Board, and Corridor Planning Committee, shall be
sequentially numbered and correspond with the number of regular members appointed
(e.g., Places 1 - 7).
(f) Alternate members assigned to a board, commission, or committee, except for the
Southlake Youth Action Commission, will be assigned a corresponding number (e.g.,
Alternate #1, Alternate #2). Alternate members shall attend all meetings and may
participate in discussions related to agenda items or matters, but will not vote on these
items or matters.
(g) An alternate member in the event of an absence or disqualification of a regular member at
a meeting shall act in the place of such member and perform the duties of a regular
member, including voting on agenda items or matters. In the absence of one or more
regular members, the alternate member assigned with the highest numerical position
(e.g., Alternate #1) and who is present shall be seated as a regular member. In the event
of the resignation of a regular member, the alternate member assigned with the highest
alternate numerical position will act in the place of such member until the City Council
has appointed a new regular member for that place for the remainder of the term.
(h) Terms for members on the following boards, commissions, or committees shall expire in
June on the date on which new appointments are made by the City Council or until a
successor is appointed. New terms for board, commission, or committee members will
begin on the day following the City Council's appointment unless a commencement date
for the term to begin is specifically noted by the City Council during the appointment.
(1) Building Board of Appeals;
(2) Capital Improvements Advisory Committee (CIAC);
(3) Parks and Recreation Board;
(4) Planning and Zoning Commission;
(5) Southlake Parks and Development Corporation;
(6) Southlake Youth Action Commission;*
(7) Tax Increment Reinvestment Zone Board; and
(8) Zoning Board of Adjustment.
The Planning and Zoning Commission will serve as the City's Sign Board and terms of
office for the Sign Board members shall coincide with appointment terms for the
Planning and Zoning Commission members. The Zoning Board of Adjustment will serve
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as the City's Tree Board and Airport Zoning Board of Adjustment and terms of office for
the Tree Board and Airport Zoning Board of Adjustment members shall coincide with
appointment terms for the Zoning Board of Adjustment members. Terms for the Corridor
Planning Committee members coincide with the members' corresponding City Council or
board, commission, or committee appointments. *City Council does not appoint members
to the Southlake Youth Action Commission (SYAC); however, the term for members of
SYAC will expire in June at such time the City Council makes appointments for the other
boards, commissions, and committees listed in this section.
(i) Terms for members of the following boards, commissions, or committees shall expire in
October on the date on which appointments are made by the City Council or until a
successor is appointed. New terms for board, commission, and committee members will
begin on the day following the City Council's appointment unless a commencement date
for the term to begin is specifically noted by the City Council during the appointment.
(1) Library Board;
(2) Metroport Teen Court Board;
(3) Southlake Arts Council;
(4) Senior Advisory Committee; and
(5) Advisory Commission on Persons with Disabilities.
(j) Terms for members of the following board, commission, or committee members shall expire
on the specific date listed.
(1) Community Enhancement Development Corporation (September 30th).
(2) Crime Control and Prevention District (September 1 st).
(k) Within 30 days after the appointment of a new member to any board, commission, or
committee, or prior to the first time that a new member participates in a meeting (except
for the Southlake Youth Action Commission members), the new member shall complete
the orientation and training requirements outlined in the City's Board and Commission
Manual.
(1) All members of all boards, commissions, or committees shall serve in accordance with
the provisions of the approved Board and Commission Manual.
(m) All notices, meetings, and deliberations of a board, commission, or committee shall be
called, convened, held, and conducted in accordance with the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code.
(n) Minutes of each board, commission, or committee meeting shall be filed with the City
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Secretary.
(o) Conflict of interest. Any board, commission, or committee member having a conflict of
interest on an agenda item, as provided for in the Code of Ordinances or Texas Local
Government Code, shall disclose the conflict of interest as required by the City Code of
Ethics, and shall not participate or be eligible to vote on the item, unless permitted by
Section 2-265(b) of the Code of Ordinances, as amended.
(p) A staff liaison shall be designated by the City Manager to work with each City board,
commission, or committee in accordance with Board and Commission Manual. The staff
liaison will be responsible for posting a public notice in accordance with the Texas
Government Code, preparing and distributing reports and reference meetings, ensuring
the meetings and deliberations are conducted per State law and established bylaws, and
following up on actions or directions.
(q) Members not planning to attend a regular meeting or special meeting shall notify the staff
liaison or the Chair of the board, commission, or committee by 12:00 pm (noon) of the
meeting day."
Section 2.
Section 2-123 "Boards" of Division 1 "Generally" of Article V "Boards, Commissions
and Committees," of Chapter 2, "Administration," of the Southlake City Code is hereby
amended to read as follows:
"Sec. 2-123. - Boards.
(a) The City Council will appoint a Chair to the following boards, commissions, and
committees. The City Council shall also name one appointee as the Vice -Chair for the
Zoning Board of Adjustment. This provision shall supersede any ordinance or resolution
previously adopted by the City pertaining to the listed boards, commissions, and
committees.
(1) Building Board of Appeals;
(2) Capital Improvements Advisory Committee;
(3) Library Board;
(4) Parks and Recreation Board;
(5) Senior Advisory Commission;
(6) Southlake Arts Council;
(7) Southlake Parks Development Corporation (President);
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(8) Zoning Board of Adjustment (officers and members of the Zoning Board of
Adjustment will hold the same position on the Tree Board and the Airport Board
of Adjustment as the Zoning Board of Adjustment constitutes these two boards);
(9) Tax Increment Reinvestment Zone Board; and
(10) The Advisory Commission on Persons with Disabilities
(b) The boards, commissions, or committees listed in Sec 2.123(a) shall appoint all other
officers other than the Chair in accordance with the subsection provided specifically for
appointments for that particular board, commission, or committee.
(c) Boards, commissions, or committees listed below in this section shall appoint all officers
in accordance with their specific appointment subsection.
(1) Planning and Zoning Commission (officers and members will hold the same
position on the Sign Board as the Planning and Zoning Commission constitutes
this board);
(2) Southlake Youth Action Commission;
(3) Crime Control and Prevention Board;
(4) Metroport Teen Court;
(5) Corridor Planning Committee; and
(6) Community Enhancement Development Corporation.
(d) Specific duties and responsibilities of the boards, commissions, or committees listed in
Sec. 2.123 (a) and (c) above are provided in each specific board, commission, or
committee subsection in this Article V. The City Council may assign additional
responsibilities or duties as needed to any board, commission, or committee in a manner
consistent with the State law or City Charter."
Section 3.
Division 10 "Planning and Zoning Commission" of Article V "Boards, Commissions and
Committees," of Chapter 2, "Administration," of the Southlake City Code is hereby amended to
read as follows:
"DIVISION 10. - PLANNING AND ZONING COMMISSION
Sec. 2-179. - Creation of the Planning and Zoning Commission.
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The Planning and Zoning Commission is to act as an advisory board to the City Council in
matters designated by City Charter, Code of Ordinances, and state law. The Commission shall
advise the City Council on matters relating to zoning, site plans, plats, master planning, public
improvements, civic improvements, and other matters relating to City planning and zoning as
directed by the City Council. The Planning and Zoning Commission will also serve as the City's
Sign Board.
Sec. 2-180. - Appointment and Terms.
(a) Per the City Charter, the Planning and Zoning Commission shall consist of seven (7)
citizens of the City. The members of the Commission shall be appointed by the City
Council for a term of two (2) years. Three (3) members of the Planning and Zoning
Commission shall be appointed each odd numbered year. The remaining four (4)
members of the Planning and Zoning Commission will be appointed each even numbered
year.
(b) The Commission shall annually elect a Chair and Vice -Chair from its membership.
Members selected as Chair and Vice -Chair of the Planning and Zoning Commission will
serve in the same office for the Sign Board.
(c) A majority of the members shall constitute a quorum.
(d) The Commission's regular meetings are to be held on the Thursday following the first and
third Tuesday, if there are matters to be brought before the Commission and provided that
the Thursday does not fall on a city holiday.
(e) Planning and Zoning Commission members forfeit their office if they fail to attend two
(2) consecutive regular meetings of the Commission without being excused by the
Council.
Sec. 2-181. - Duties, Responsibilities, and Proceedings.
The duties and responsibilities of the Planning and Zoning Commission shall include the
following:
(a) Make recommendations to City Council on matters concerning zoning, site plans, public
improvements, civic improvements, street changes, the routing of public utilities, and
strategic planning.
(b) Make recommendations to City Council regarding updates or amendments to the City's
Master Plan, which guides growth, development, beautification, and infrastructure for its
citizens. The Commission's responsibility for the Master Plan is to have a planning
horizon addressing at least ten (10) years in the future.
(c) Review and make recommendations to City Council on development of property.
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(d) Review and make recommendations to City Council on platting of property.
(e) Consider and hold public hearings when required on development and land use and
zoning issues.
(f) Serve as the City's Sign Board.
Secs. 2-182. - 2-183. Reserved"
Section 4.
Division 12 "Capital Improvements Advisory Committee" of Article V "Boards,
Commissions and Committees," of Chapter 2, "Administration," of the Southlake City Code is
hereby amended to read as follows:
"DIVISION 12 -CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
Sec. 2-189. - Creation of the Capital Improvements Advisory Committee.
The Capital Improvements Advisory Committee (the "CIAC") shall serve in an advisory
capacity to the City Council related to impact fee matters. This includes advising and assisting
the City Council in adopting a land use assumptions report, reviewing the impact fee Capital
Improvements Plan, and filing written comments in accordance with Chapter 395 of the Texas
Local Government Code. The CIAC monitors and evaluates the implementation of the Capital
Improvements Plan; files semi-annual reports with respect to the progress of the Capital
Improvements Plan; reports any perceived inequities in implementing the plan or imposing the
impact fee to City Council semi-annually; and advises the City Council of the need to update or
revise the land use assumptions, Capital Improvements Plan, or impact fees.
Sec. 2-190. - Members and Terms.
(a) The CIAC shall consist of 7 (seven) citizens of the City. Not less than 50 percent of the
membership of the CIAC must be representatives of the real estate, development, or
building industries who are not employees or officials of any political subdivision or
governmental entity.
(b) A majority of the members shall constitute a quorum.
Sec. 2-191. - Duties, Responsibilities and Proceedings.
(a) The Capital Improvements Advisory Committee serves in an advisory capacity to City
Council and is established to:
(1) Advise and assist in adopting land use assumptions;
(2) Review the impact fee Capital Improvements Plan and file written comments;
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(3) Monitor and evaluate implementation of the impact fee Capital Improvements
Plan;
(4) File semi-annual reports with the City Council with respect to the progress of the
impact fee Capital Improvements Plan and report any perceived inequities in
implementing the plan or imposing the impact fee; and
(5) Advise of the need to update or revise the land use assumptions, Capital
Improvements Plan, and impact fees.
(6) Review the independent financial audit conducted in accordance with Texas Local
Government Chapter 395 before consideration of an increase in impact fees.
(b) The City Council shall adopt procedural rules for the CIAC to follow in carrying out its
duties."
Section 5.
Cumulative Clause
This Ordinance shall be cumulative of all provisions of ordinances and of the Southlake
City Code, as amended, except where the provisions of this Ordinance are in direct conflict with
the provisions of such ordinances and such Code, in which event the conflicting provision of
such ordinances and such Code are hereby repealed.
Section 6.
Severability
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and section of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
Section 7.
Savings Clause
All rights and remedies of the City are expressly saved as to any and all violation of the
provisions of the Southlake City Code, as amended, relating to boards, commissions, and
committees that have accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted
until final disposition by the courts.
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law.
Section 8.
Publication
The City Secretary is hereby directed to publish this Ordinance to the extent required by
Section 9.
Effective Date
This Ordinance shall take effect immediately from and after its passage and approval, and
it is so ordained.
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2025.
SHAWN MCCASKILL, Mayor
ATTEST:
AMY SHELLEY, City Secretary
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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