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1228E OrdinanceORDINANCE 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 SA VIN GS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of So uthl ake, Texas ("City") is a home rule city acting und er it s Charter adopted by the electorate pursuant to Art icle XI , Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City has previous ly enacted ordinances creating various boards , commissions, and committees; and WHEREAS, these boards , commissions , and committees adv ise the C ity 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 se rves 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 , Commission s and Comm itte es ," of Chapter 2 , "Administration ," of th e So uthlake City Code is hereby amended to read as fo ll ows: "Sec. 2-120. -Terms and Conditions of Office. (a) City Council shall appoint all members to each board , commission , or committee per the provision s in Sec. 2-l 20(b) unle ss 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 , Page 1 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 (l) 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. Page 2 (e) Places on a ll boards , comm issions , or co mmittees , except for the Southlake Youth Action Comm iss ion , Metroport Teen Court Board , and Corridor Planning Committee, shall be sequentia ll y numbered and correspond with the number of regular members appointed (e.g., Places I -7). (f) A lt ernate members assigned to a board , comm1 ss1on , or committee, except for the Southlake Yout h Action Commiss ion , 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 item s or matters , but wi ll not vote on the se item s or matters. (g) An alternate member in the event of an absence or disqualification of a regular member at a meeting sha ll act in the place of such member a nd 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 po s ition (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 a lt ernate 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 o n the fo ll owing 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 C ity 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) Plannin g and Zoning Commission ; (5) Southlake Park s and Devel o pment Corporation ; (6) South lake Youth Action Commi s sion ;* (7) Tax Increment Reinvestment Zone Board; and (8) Zoning Board of Adjustment. The Planning and Zoning Commis s ion will serve as the City's Sign Board and terms o f 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 Page 3 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 (SY AC); 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. G) 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 1st). (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. (I) 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 Page 4 Secretary. (o) Conflict of interest. Any board , commission, or committee member ha ving 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 direction s . (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." Sectio n 2. Section 2-123 "Boards" of Division 1 "Generally" of Article V "Boards , Commissions and Committees," of Chapter 2 , "Administration ," of the South lake City Code is hereb y amended to read as follows: "Sec. 2-123. -Boards. (a) The City Council will appoint a Chair to the following boards , comm1ss1ons , 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. (l) 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); Page 5 (8) Zo nin g B oard of Adju stm e nt (o ffi ce rs a nd me mb e rs of th e Zo nin g Board of Adju stm e nt w ill ho ld th e same p os iti o n o n th e Tree B oard a nd th e A irp o rt Boa rd of Adjustm e nt as th e Zo nin g B oa rd of A dju stm e nt co nst it ut es th ese two bo ard s); (9) T ax In c re me nt R e in ves tm e nt Zo ne Boa rd ; and (10 ) Th e Ad v isory Co mmi ss io n o n Pe rso ns w ith Di sabiliti es (b) Th e board s, co mmi ss io ns , o r co mm ittee s li sted in Sec 2.123(a) sha ll appo int a ll oth er offi ce rs oth e r th a n th e C ha ir in acco rd a nce w ith th e sub se cti o n pro v id ed s pe c ifi call y fo r app o intm e nts fo r th a t p a rti c ul a r board , co mmi ss io n, o r co mmittee. (c) B oard s, co mmi ssio ns , o r co mmittees li sted be low in thi s sec ti o n s ha ll app o int a ll offi cers in ac cord an ce w ith th e ir sp ec ifi c appo intm e nt sub secti o n . (1) Pl a nnin g and Zo nin g Co mmi ss io n (office rs a nd me mbe rs w ill ho ld the sam e posi ti o n o n th e S ign B oard as th e Pl a nnin g a nd Zo nin g Co mmi ss io n co nsti tutes thi s boa rd); (2) So uthl a ke Yo ut h Ac ti o n Co mmi ss io n ; (3) C rim e Co nt ro l and Preve nti on Board ; (4 ) Met ro po rt T ee n Court ; (5) Co rrid o r Pl a nnin g Co mmittee ; a nd (6) Co mmuni ty E nh ance ment Deve lopm e nt Co rp orati o n. (d) Spec ifi c duti es a nd re s po n sibiliti es of th e board s, co mmi ss io ns, o r co mmittee s li sted in Se c. 2 .123 (a) a nd (c) a bove a re prov id ed in each sp ec ifi c board , co mmi ss ion , o r co mmittee s ub sec ti o n in thi s Art ic le V . Th e C ity Co un c il may ass ign additi o na l re spo ns ibiliti es o r duti es as need ed to a ny boa rd , co mmi ss io n, o r co mmittee in a mann e r co n s isten t w ith th e State law o r C ity C ha rt e r." Section 3. Di v is io n 10 "Pl a nnin g a nd Zo nin g Co mmi ssio n" of A rti c le V "B oard s, Co mmi ss ion s a nd Co mmittees ," of C hapte r 2 , "A dmini strati o n ," of th e So uthlak e C ity Cod e is he re by am e nd ed to read as fo ll ows : "DIVISION 10. -PLANNING AND ZONING COMMISSION Sec. 2-179. -Creation of the Planning and Zoning Commission. Page 6 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 Co un ci l 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 Co un cil. Th e Planning and Zoning Commission will also serve as the City 's S ign Board. Sec. 2-180. -Appointment and Terms. (a) Per the City Charter, the Planning and Zoning Commission sha ll cons ist of seven (7) c iti zens of th e C it y. The members of the Commission shal l be appointed by the C ity 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 Zon in g 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 fa ll on a city holiday. (e) Planning and Zoning Commission members forfeit their office if they fail to attend two (2) consec uti ve regular meetings of the Commission without being excused by the Council. Sec. 2-181. -Duties, Res ponsibilities, and Proceedings. The duties and responsibilities of the Planning and Zon in g Commiss ion shall include the fo ll owing: (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 Co un cil 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 Counci l on development of property . Page 7 (d) Review and make rec ommendations to City Counci l o n platting of property. (e) Consider and hold public hearings w hen required o n development and land use and zonmg iss ue s. (f) Serve as the City 's Sign Board . Secs. 2-182. -2-183. Reserved " Section 4. Division 12 "Capital Improvements Adv isory Committee" of Article V "Boards , Commissions an d Committees," of C hapter 2 , "Ad mini stration ," of the Southlake City Code is hereby amended to read as fo ll ows: "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 C ity Coun cil 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 writte n comments in accordance with Chapter 395 of the Texas Local Government Code. The CIAC monitors and eva lu ates the implementation of the Capita l 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 Counc il semi-annually ; and advises the City Counci l 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 sh all consist of 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 in du stries who are not employ ees 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 Advi sory Committee serves in an advisory capacity to City Council and is estab li shed to: (1) A dvi se and assist in adopting land use assumptions ; (2) Review the impact fee Capital Improvements Plan and file wr itt en comments ; Page 8 (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. C um ulative C la use 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. Sect ion 6. Severability It is hereby declared to be the intention of the City Council that the phrases , clau ses , 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 , commiss ions, 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 . Page 9 Section 8. Publication The City Secretary is hereby directed to publish this Ordinance to the extent required by law. Section 9. Effective Date Th is Ordinance shall take effect immediate ly from and after its passage and approval , and it is so ordained. PASSED AND APPROVED ON SECOND READING ON THIS 6TH DAY OF JANUARY, 2026. PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF JANUARY, 2026. SHAWN MCCASKILL , Mayor ATTEST: EFFECTIVE DATE: __ J--+-/_d"D~fo,__~~----, I Page 10