CC Resolution No. 1648 36
RESOLUTION NO. 1648
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING PROCEDURAL RULES FOR THE PLANNING AND ZONING
COMMISSION WHEN SERVING IN ITS CAPACITY AS THE CAPITAL
IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO CHAPTER 395 OF
THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, the Planning and Zoning Commission (the "P&Z Commission") is charged with
acting as the Capital Improvements Advisory Committee pursuant to Section 395.058 of the Texas Local
Government Code and Section 2-326 of the Code of Ordinances, Baytown, Texas; and
WHEREAS, in accordance with Section 395.058(e) of the Texas Local Government Code, the
City Council is required to adopt procedural rules for the P&Z Commission when acting in its capacity as
the Capital Improvements Advisory Committee; and
WHEREAS, the attached procedural rules have been reviewed by the City Council and it has
determined that such rules should be adopted for the use of the P&Z Commission when acting in its
capacity as the Capital Improvements Advisory Committee; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the findings of the City Council of the City of Baytown contained in the
recitals of this resolution are hereby approved and adopted.
Section 2: That the City of Baytown hereby adopts the procedural rules, which are attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes, for the Planning and Zoning
Commission when acting in its capacity as the Capital Improvements Advisory Committee.
Section 3: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 13`h day of May, 2004.
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FETE C. ALFARO,Mayor
ATTEST:
G Y NBiH, City Clerk
APPROVED AS TO FORM:
ACIIO RAMIRE Z, SR., O ty Attorney
FAKaren\files\City Council\Resolutions\ProceduralRulesforCapitallmprovementsAdvisoryCommittee.doe
RULES OF PROCEDURE OF THE PLANNING AND ZONING COMMISSION
WHEN SERVING AS THE CAPITAL IMPROVEMENTS ADVISORY
COMMITTEE
1. AUTHORITY
1.1 Pursuant to Section 395.058(g) of the Texas Local Government Code, the
City Council has adopted the procedural rules established herein for all meetings
of the Planning and Zoning Commission when serving in its capacity as the
Capital Improvements Advisory Committee.
1.2 While serving in its capacity as the Capital Improvements Advisory
Committee, the Commission shall provide a reasonable opportunity for citizens to
be heard under these rules. The rules of procedure are enacted as guidelines to be
followed by all person present at any meeting, including the administrative staff,
news media, and visitors.
1.3 All references herein to "the Commission" shall mean and be construed as
the Planning and Zoning Commission when acting in their capacity as the Capital
Improvements Advisory Committee pursuant to Chapter 395 of the Texas Local
Government Code.
2. GENERAL RULES
2.1 Quorum. A majority of the Commissioners shall constitute a quorum
for the transaction of business.
2.2 Minutes of Meetings. An account of all proceedings of the
Commission shall be kept by the Secretary of the Commission in accordance with
Chapter 551, Texas Government Code, as amended.
2.3 Questions to Contain One Subject. All questions submitted for a vote
shall contain only one subject.
2.4 Right of Floor. Any Commissioner desiring to speak shall be
recognized by the Presiding Officer, and shall confine his or her remarks to the
subject under consideration or to be considered. Generally, no Commissioner
shall be allowed to speak more than once on any one subject until every
Commissioner wishing to speak shall have spoken.
2.5 Director of Planning and Development Services. The Director of
Planning and Development Services or his/her designee shall attend all meetings
of the Commission unless excused. He or she may make recommendations to the
Commission and shall have the right to take part in all discussions of the
Commission, but shall have no vote.
LXMIT A
Rules of Procedure
Page 2 of 7
2.06 Secretary. The Director of Planning and Development Services shall
provide a member of the Planning and Development Services Department to serve
as the Secretary of the Commission. The Secretary or his/her designee shall
attend all meetings of the Commission unless excused, and shall keep the official
minutes and perform such other duties as may be requested and assigned by the
Director of Planning and Development Services.
3. CODE OF CONDUCT
3.1 Commissioners.
(a) During Commission meetings, Commissioners shall preserve order
and decorum and shall neither by conversation or otherwise delay
or interrupt the proceedings nor refuse to observe the rules of the
Commission.
(b) A Commissioner, once recognized, shall not be interrupted while
speaking unless called to order by the Chairman or presiding
officer, unless a point of order is raised by another Commissioner,
or unless the speaker chooses to yield to questions from another
Commissioner. If a Commissioner is called to order while he or
she is speaking, he or she shall cease speaking immediately until
the question of order is determined. If ruled to be in order, he or
she shall be permitted to proceed. If ruled to be not in order he or
she shall remain silent or shall alter his or her remarks so as to
comply with rules of the Commission.
3.2 Administrative Staff.
(a) Members of the administrative staff and employees shall observe
the same rules of procedure and decorum applicable to members of
the Commission, and shall have no voice unless and until
recognized by the Chairman or presiding officer.
(b) While the presiding officer shall have the authority to preserve
decorum in meetings as far as staff members and employees are
concerned, the Director of Planning and Development Services
also shall be responsible for the orderly conduct and decorum of all
employees under his or her direction and control.
(c) The Director of Planning and Development Services shall take
such disciplinary action as may be necessary to ensure that such
decorum is preserved at all times by employees in Commission
meetings.
Rules of Procedure
Page 3 of 7
(d) All remarks and questions addressed to the Commission shall be
addressed to the Commission as a whole and not to any individual
member thereof.
(e) No staff member, other than a staff member having the floor, shall
enter into a discussion either directly or indirectly without
permission of the Chairman or presiding officer.
3.3 Citizens.
(a) Citizens are welcome and invited to attend all meetings of the
Commission, and will be admitted to the meeting room up to the
fire safety capacity of the room.
(b) All citizens will refrain from private conversations in the meeting
room while the Commission is in session.
(c) Citizens attending Commission meetings shall observe the same
rules of propriety, decorum, and good conduct applicable to the
administrative staff. Any person making personal, impertinent, or
slanderous remarks, or who becomes boisterous while addressing
the Commission or while attending the Commission meeting shall
be removed from the room if so directed by the Chairman or
presiding officer, and such person shall be barred from further
audience before the Commission during that session of the
Commission.
(d) Unauthorized remarks from the audience, stamping of feet,
applauding, whistles, yells, and similar demonstrations shall not be
permitted by the presiding officer, who shall direct the removal of
such offenders from the room. In case the presiding officer shall
fail to act, any Commissioner may move to require him or her to
act to enforce the rules, and the affirmative vote of a majority of
the quorum of the Commission present shall require the presiding
officer to act.
(e) No placards, banners, or signs of any kind will be permitted in the
meeting room except exhibits, displays, and visual aids used in
connection with presentations to the Commission, provided that
such exhibits, displays, and visual aids do not disrupt the meeting.
3.4 In General.
(a) Rules. Robert's Rules of Order (latest revision) shall govern in all
cases, unless Robert's Rules of Order are in conflict with the rules
Rules of Procedure
Page 4 of 7
of procedure hereby adopted, provided that Section 42, "Rules
Governing Debate" relating to the right of the Chair to participate
in debate shall not be applicable and the Chairman or presiding
officer shall have the right to participate in debate of issues
pending before the Commission.
(b) Recognition by presiding officer. No person shall address the
Commission without first being recognized by the presiding
officer.
(c) Procedure. Each person addressing the Commission shall give
his/her name and address in an audible tone of voice for the record,
state the subject the person wishes to discuss, and, if representing a
group, identify the group or organization the person represents.
All remarks shall be addressed to the Commission as a whole and
not to any member thereof. No person other than Commissioners
and the person having the floor shall be permitted to enter into any
discussion, directly or through a Commissioner, without
permission of the presiding officer. No question may be asked of a
member of the staff without the permission of the presiding officer.
(d) Spokesperson for group of persons. In order to expedite matters
and to avoid repetitious presentations, whenever any group of
persons wishes to address the Commission on the same subject, it
shall be proper for the presiding officer to request that a
spokesperson be chosen by the group to address the Commission,
and in case additional matters are to be presented by any other
member of the group, to limit the number of such persons
addressing the Commission.
(e) Charges against employees. Should any person in a Commission
meeting charge an employee with improper conduct, malfeasance,
nonfeasance, or misfeasance, then, in such event, such person shall
be ruled out of order immediately and instructed to refer his
complaint to the Director of Planning and Development Services.
(f) Disturbances. No person attending any Commission meeting
shall delay, interrupt, or disrupt the proceedings or refuse to obey
the orders of the presiding officer. Any person making personal,
impertinent, and slanderous remarks or who becomes boisterous
while addressing the Commission or while attending the
Commission meeting shall be removed from the room if so
directed by the presiding officer.
(g) Communication devices. Any person attending any Commission
meeting shall set a pager, cellular telephone, radiotelephone or
Rules of Procedure
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other device to a mode to provide nonaudible notification of an
incoming call or page. No person attending any Commission
meeting shall use a cellular telephone, radiotelephone or other
telecommunication device for audible communications while the
Commission meeting is in session.
4. MEETINGS
4.1 Meetings. Meetings of the Commission shall be called by the Secretary upon
the request of the Chairman, the Director of Planning and Development
Services, or four Commissioners. In the event of a special called meeting, the
Secretary shall notify each Commissioner.
4.2 Notice of Meetings. The agenda for all meetings, including Commission,
committee or subcommittee meetings, shall be posted by the Secretary on the
City's official bulletin board and notice of all meetings shall be given by the City
Clerk pursuant to the requirements of the Texas Open Meetings Act, Chapter 551,
Texas Government Code, as amended.
5. PRESIDING OFFICER AND DUTIES
5.1 Presiding Officer. The Chairman, or in the absence of the Chairman,
the Vice Chairman, shall preside as chairman, or presiding officer at all meetings
of the Commission. In the absence of both the Chairman and Vice-Chairman, and
with a quorum being present, the Commission shall elect a temporary presiding
officer.
5.2 Call to order. The Chairman shall call the meetings of the Commission
to order, or in the Chairman's absence, the Vice-Chairman, and in the absence of
both the Chairman and Vice Chairman; the Secretary shall call the meeting to
order.
5.3 Preservation of order. The presiding officer shall preserve order and
decorum, prevent insulting references to Commissioners, the impugning of other
Commissioner's motives, and confine Commissioners' remarks to the question
under discussion. The presiding officer shall call upon the Director of Planning
and Development Services as necessary to enforce compliance with the rules
contained herein.
5.4 Substitution for Chair. The Chairman may call upon the Vice Chairman,
or if he or she is unavailable, then any other Commissioner to take his or her
place, for a portion of a meeting, such substitution is not to continue beyond
adjournment.
Rules of Procedure
Page 6 of 7
5.5 Points of Order. The presiding officer shall determine all points of
order, subject to the right of any member to appeal to the Commission. If any
appeal is taken, then questions shall be, "Shall the decision of the presiding
officer be sustained?" If a majority of the Commissioners present vote "No," the
ruling of the chair is overruled; otherwise, it is sustained.
5.6 Questions to be Stated. The presiding officer shall state all questions
submitted for a vote and announce the result. A roll call shall be taken upon the
request of any Commissioner.
5.7 Call for Recess. The presiding officer may call for a recess of up to
fifteen minutes at regular intervals of approximately one hour at appropriate
points in the meeting agenda, or if requested by any two Commissioners.
5.8 Votes. Commissioners shall clearly indicate their vote on each matter
submitted to a vote.
6. ORDER OF BUSINESS
6.1 Agenda. The order of business of each meeting shall be as contained
in the agenda prepared by the Director of Planning and Development Services.
The agenda shall be a listing by topic of subjects to be considered by the
Commission. This Section shall govern placement of items on the agenda.
Conduct of business at meetings and committees and subcommittees will likewise
be governed by an agenda and the rules of procedure contained herein.
The agenda for each meeting of the Commission is determined as follows:
(a) All items to be included on the agenda must be submitted
to the Director of Planning and Development Services'
Office, on or before 5:00 p.m. on the tenth day preceding
the meeting.
(b) Agenda items to be included on the agenda must be
approved by (1) the Director of Planning and Development
Services or(2) the Chairman or (3) two Commissioners.
The agenda order set out is the desired order for conducting the business of the
Planning and Zoning Commission in meetings. When the best interest of the
Commission and the residents of the City require, any item appearing on the
agenda shall be considered out of order as shall be determined by the presiding
officer in his/her sole discretion.
6.2 The order for the agenda is as follows:
Rules of Procedure
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(a) Call to order.
(b) Approval of minutes. (The minutes of the previous meeting(s) of
the Commission shall be submitted to the Commission for
approval or correction and approval.)
(c) Public hearing. Any person desiring to address the Commission at
a public hearing may do so by registering on the form provided in
the hallway leading to the meeting room. Each citizen's remarks
will be limited to three (3) minutes, unless the time is extended by
a majority vote of the quorum present.
(d) Business. Motions, reports, and discussion items shall be
considered at this time.
(e) Citizen Communications. Any person desiring to address the
Commission regarding an item on the agenda may do so by
registering on the form provided in the hallway leading to the
meeting room. Each citizen's remarks will be limited to three (3)
minutes, unless the time is extended by a majority vote of the
quorum present.
(I) Director of Planning and Development Services' report. The
Director of Planning and Development Services will present
reports of current problems and affairs of interest to the
Commission.
(g) Adjournment.
7. MAJORITY VOTE REQUIRED.
An affirmative vote of the majority of the Commissioners present is necessary to
adopt or approve any resolution or take any official action in the name of the
Commission except as otherwise provided by state law.
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