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Ordinance No. 15,758 ORDINANCE NO. 15,758 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION"; ARTICLE IV "BOARDS AND COMMISSIONS"; DIVISION 3 "PLANNING AND ZONING COMMISSION; SECTIONS 2-320(a) & 2-320(b) "APPOINTMENTS" AND DELETING CHAPTER 2 "ADMINISTRATION"; ARTICLE IV "BOARDS AND COMMISSIONS"; DIVISION 3 "PLANNING AND ZONING COMMISSION; SECTION 2-320 (c) "APPOINTMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO REMOVE THE CITY MANAGER'S AUTHORITY TO NOMINATE TWO VOTING MEMBERS TO THE PLANNING AND ZONING COMMISSION AND PROVIDING FOR TWO (2) APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION TO BE MADE BY THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: Chapter 2 "Administration"; Article IV "Boards and Commissions"; Division 3 "Planning and Zoning Commission; Section 2-320 "Appointments" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 2—ADMINISTRATION ARTICLE IV.—BOARDS AND COMMISSIONS DIVISION 3.—PLANNING AND ZONING COMISSION Sec. 2-320. —Appointments (a) The City Council shall appoint nine voting members to the Planning and Zoning Commission. Five voting members of the planning and zoning commission shall be appointed during odd- numbered years, and four voting members shall be appointed during even-numbered years. One voting member shall be appointed from the city's extraterritorial jurisdiction and the remaining members shall be appointed from within the corporate limits of the city. Additionally, at least one voting member shall be a representative of the real estate, development or building industry,who is not an employee or official of a political subdivision or governmental entity. Terms of voting members shall begin on January 1 and extend for two calendar years. However, the city council may remove a member at any time by a vote of the city council in public session. (b) As the terms of office of the individual members terminate, the city council shall, as soon as possible, appoint members and/or confirm the mayor's appointment to fill such vacancies for the new terms. The council, if interim vacancies occur, shall appoint or confirm the mayor's appointment of a successor for the remainder of the term. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision,section, exception,subsection,paragraph, sentence,clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten(10)days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 281h day of March, 2024. ON CAPETILLO, M yor ATTEST: �o�•gpYTOW*TF : • t!N 19 • � f ' P APPROVED O FORM. TF OF It, SCOTT LEM ND, City Attorney R:Kristin Holmes.Ordinances\2024'•03.28.2024 Agenda'.Ordinance Removing City Manager Appointment.Planning and Zoning.kh.docx 2