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Ordinance No. 6,448921123 -1 ORDINANCE NO. 6448 AN ORDINANCE AMENDING DIVISION 4 OF CHAPTER 2 (SECTIONS 2 -48 THROUGH 2 -56) "PLANNING COMMISSION" OF THE CODE OF ORDINANCES; CREATING THE GROWTH MANAGEMENT AND DEVELOPMENT ADVISORY COMMISSION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Division 4, Chapter 2 (Sections 2 -48 through 2 -56) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: "DIVISION 4. GROWTH MANAGEMENT AND DEVELOPMENT ADVISORY COMMISSION" section 2 -48. Commission created. An agency of the City Council is hereby created which shall be known as the Baytown Growth Management and Development Advisory Commission, and such commission shall consist of nine (9) members. Section 2 -49. Makeup of commission. The makeup of the commission shall be demographically and geographically representative of the city. Five (5) members shall be appointed during odd - numbered years and four (4) members shall be appointed during even - numbered years. At least one member shall be appointed from each city council district and one shall be appointed from the portion of the city's ETJ lying outside of the city's corporate boundaries. Terms of such appointments shall begin on the first day of the month of January and extend for two calendar years. section 2 -50. Appointment of members. The City Council shall appoint seven of the commission members while the City Manager shall nominate, subject to City Council confirmation, the remaining two members. In making the initial appointments, the City Council shall designate four (4) of their appointments to serve two (2) years and three (3) of their appointments to serve one (1) year. The City Manager shall designate which of his /her initial nominees are to serve for a two (2) year term and which shall serve for a one (1) year term. Thereafter all appointments shall be for two years. However, the City Council may remove a member at any time by vote of the City Council in public session. As the terms of office of the individual members terminate the City Council shall, as soon as possible, appoint members to fill such vacancies for the new terms. The Council, if interim 921123 -1a vacancies occur, shall appoint a successor for the remainder of such term. Section 2 -51. Attendance at meetings; chairman. Any commission member who misses three (3) consecutive regular meetings without valid reason shall be deemed no longer interested in serving and the commission shall ask the City Council to appoint a new member to fill the interim vacancy. The commission shall elect a chairperson and vice - chairperson at the first meeting of each year. The City of Baytown Director of Planning shall provide staff to take minutes and serve as secretary to the commission. Section 2 -52. Rules of procedure. The commission is hereby empowered to establish its own parliamentary procedure; provided that such shall not be in conflict with the laws applicable to the commission or the following: A quorum shall consist of a majority of the entire membership of the commission and any issue to be voted on shall be resolved by a majority of those present. The chairperson shall be entitled to vote upon any question, but shall have no veto power. Meetings shall be open to the public and minutes shall be treated as a public record. Section 2 -53. Powers and duties. The Growth Management and Development Advisory Commission shall exercise the powers and shall be required to: (1) Review and recommend to the City Council proposed changes in all land development ordinances. (2) Study plans and plats of proposed developments and shall, within legal limits, approve such that meet all the standards as required by the ordinances regulating these developments. (3 ) Perform all duties required under state law for the impact fee advisory committee. (4) Recommend to City Council for its action changes in the City's motor vehicle code. (5) Recommend to City Council for its action changes in traffic improvements in the City. • 2 921123 -1b (b) Recommend to City Council short -range transportation facility improvements projects. (7) Advise the City Council on annexation and disannexation requests /proposals. (8) Advise the City Council on Land Use and Land Development issues and concerns. (9) Hear and decide requests for variances as submitted under the subdivision regulations of the City of Baytown. (10) Perform such other functions as may be duly delegated to them by the City Council. (11) Make an annual report in January of each year as to the committeefs activities. Section 2 -54. Meetings. When proposed developments are properly submitted for review, the commission shall meet not less than once each month. Meetings shall be held at the place and time and date stated on the notice of meeting which shall be posted at the City Hall. Section 2 -55. Commission is adjunct of City council. The commission is hereby declared to be an adjunct of the City Council. The City Manager and all other administrative personnel of the City are hereby authorized and directed to cooperate with and assist the commission at all reasonable times. Section 2 -56. Relationship to prior commissions. The commission is the successor to the previously existing planning and traffic commissions. All actions taken by the prior commissions which required resubmittal of projects to the commissions for final disposition shall be construed as requiring resubmittal of the projects to the Growth Management and Development Advisory Commission. Any reference in other sections of the City of Baytown Code of Ordinances to the planning or traffic commissions is to be hereinafter construed as to refer to the Growth Management and Development Advisory Commission. 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. 921123 -1c Section 3: If any provisions, section, exception, subsection, • paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or 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 on January 14, 1993. INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of Baytown, this the 23rd day of November, 1992. BB ED E, yor ATTEST: EILEEN P. HALL, City Clerk JAAd,- . --'-) Z- - a-'3z ACIO RAMIR Z, SR City Attorney