A.

Created; composition: There is hereby created a city planning and zoning commission which shall function by making plans and acting as a zoning commission. Such commission shall be composed of seven members and four alternates to be appointed by the board of commissioners [city commission]. The director of planning is automatically an ex officio member of the planning and zoning commission without the right to vote.

B.

Duration of terms of office; transition procedure; filling of vacancies; reappointment: The members and alternates of the planning and zoning commission shall be appointed for a term of two years on a rotating basis and removable for cause by the appointing authority. The alternate(s) shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the planning and zoning commission or his authorized representative. All cases (matters) to be heard and ruled upon by the planning and zoning commission will always be heard by a maximum of seven members. The alternates, as needed, will rotate in replacing absent members. An alternate may attend any meeting and participate in all discussions but may vote only when that alternate, in turn, is replacing an absent member. When an alternate is absent, the rotation continues to the next alternate. In the event that a vacancy occurs on the commission prior to the expiration of a full term, the board of commissioners [city commission] shall appoint a new member to complete the unexpired term. Any member of the commission may be reappointed by the board of commissioners [city commission] upon completion of a full term.

C.

Quorum: Any four members shall constitute a quorum for the transaction of the business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission.

D.

Duties generally: The planning and zoning commission shall, from time to time, either at its discretion or as requested by the board of commissioners [city commission], submit its reports, plans and recommendations for the orderly growth, development and welfare of the city in accordance with chapter 283, Acts of the Regular Session of the Legislature, 1927, being Vernon's Ann. Civ. St. arts. 1011a—1011j [V.T.C.A., Local Government Code ch. 211]. Such commission shall also perform other duties as may be prescribed by ordinance or state law; or as follows:

1.

To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the Charter of the City of Pharr or the laws of the State of Texas to the board of commissioners [city commission] of the City of Pharr, and to recommend approval or denial of zoning changes and regulations under this ordinance, the Charter of the City of Pharr or the laws of the State of Texas.

2.

To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the Charter of the City of Pharr, or the laws of the State of Texas.

3.

To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the Charter of the City of Pharr, or applicable laws of the State of Texas.

E.

Citizen of Pharr: Each member of the planning and zoning commission shall be a resident citizen of the City of Pharr at the time of his appointment. A member of the planning and zoning commission ceasing to reside in the city during his term of office shall immediately forfeit his office.

F.

Removal: Any member of the planning and zoning commission may be removed from office for any cause deemed by the board of commissioners [city commission] to be sufficient for removal of said member. If a vacancy should exist in the planning and zoning commission membership due to removal from office, resignation, death, refusal or inability to serve, the board of commissioners [city commission] shall appoint a new member to fill the vacancy for the unexpired term.

G.

Attendance: Three consecutive absences that are not excused by the planning and zoning commission, or the absence of a regular member from more than 50 percent of the meetings in any calendar year, will automatically remove a member from the planning and zoning commission.

H.

Officers: The planning and zoning commission shall elect a chairman, vice-chairman and secretary at the first meeting in January for a term of two years. Alternates may vote for officers but are ineligible to serve as officers. The vice-chairman is to preside in the absence of the chairman. The director of planning may be elected secretary of the planning and zoning commission. Exception: Upon enactment of this ordinance, the enumerated officers shall be elected at the first regular meeting of the planning and zoning commission.

I.

Meetings:

1.

All meetings of the planning and zoning commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. The director of planning of the City of Pharr shall be the custodian and possessor of the records and minutes of the planning and zoning commission.

2.

Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the commission at the call of the chairman and at such other times as the commission may determine.

Sec. 189.1 Article 1. Name.

The name of the board is the planning and zoning commission of the City of Pharr.

Sec. 189.2 Article 2. Purpose and duties.

The purpose of the board is to exercise the powers and duties of a planning and zoning commission of the city as permitted by law, City Charter of the city or by city ordinance. The planning and zoning commission shall, from time to time and at the request of the board of commissioners, submit reports, plans and recommendations for the orderly growth, development and welfare of the city. Such board shall also perform other duties as follows:

1.

Recommend the boundaries of various districts and appropriate regulations to be enforced therein under the zoning ordinance, the City Charter or the laws of the state to the board of commissioners, and to recommend approval or denial of zoning changes and regulations under the zoning ordinance, the City Charter or the laws of the state.

2.

To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under the zoning or subdivision ordinance, the City Charter or the laws of the state.

3.

To exercise such duties and powers as may be now or hereafter conferred by the zoning or subdivision ordinance, the City Charter or the laws of the state.

Sec. 189.3 Article 3. Membership.

(A)

The planning and zoning commission is composed of seven members and four alternates appointed by the board of commissioners.

(B)

Members and alternates serve at the pleasure of the city council. Any member may be removed from their position on the board for any reason, or for no reason, by a majority vote of the board of commissioners.

(C)

Members and alternates shall be appointed for a term of two years on a rotating basis and removable by the appointing authority. Alternate members shall serve in the absence of one or more of the regular members when requested to do so by the chairman or his authorized representative. All cases to be heard and ruled upon will always be heard by a minimum of four members and a maximum of seven.

(D)

An individual board member may not act in an official capacity except through the action of the board. When a member is called upon to voice opinions at public or private functions, he/she shall indicate that he/she is speaking for himself/herself and not representing the board or the city unless a formal action by the planning and zoning commission or board of commissioners has been taken on the specific issue.

(E)

A board member who is absent for three consecutive regular meetings or half of all regular meetings in a "rolling" twelve-month timeframe automatically vacates the member's position. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member's immediate family member, or the birth or adoption of the board member's child for 90 days after the event. The board member must notify the director of development services of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify before the next regular meeting of the board will result in an unexcused absence.

(F)

At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted.

(G)

A board member who seeks to resign from the board shall submit a written resignation to the chairman. If possible, the resignation should allow for a thirty-day notice so the board of commissioners can appoint a replacement.

(H)

All board members must be a resident of the city.

(I)

The director of development services and the assistant city manager shall be ex officio members of the planning and zoning commission without a right to vote but will provide technical support and expertise to the commission. The provisions of subsection (E), above, do not apply to ex officio members.

(J)

Board members serve without compensation. The board and its members have no authority to expend funds or to incur or make an obligation on behalf of the city unless authorize and approved by the board of commissioners. Board members may be reimbursed for expenses authorized and approved by the board of commissioners.

(K)

Members will comply with city ordinances, rules and policies applicable to the board and its members, including but not limited to ethics, courtesy and respect. Members are prohibited from engaging in conduct that adversely reflects on the city, bears a negative impact on public perception of the city, its employees or elected and appointed officials.

(L)

Members shall not have any administrative or enforcement authority in the day to day operations of the city. They shall have no authority or right to enforce any rule, ordinance or regulation of the city. Any violations are violation of this ordinance.

Sec. 189.4 Article 4. Officers.

(A)

The officers of the board shall consist of a chairman and a vice-chairman, secretary and parliamentarian.

(B)

The chairman is recommended by the mayor and the city council shall approve the recommendation by a vote of the majority of the board of commissioners during the annual appointment process. Should the mayor fail to recommend a chairman for each board, committee or commission, and/or the board of commissioners fails to approve any chairman recommended by the mayor, a majority of the board of commissioners plus one (super-majority) may approve appointment of a chairman. The other officers (except for parliamentarian) shall be elected annually by a majority vote of the commission at the first regular meeting in January. In the event a current officer becomes ineligible to serve as an officer, the commission may hold an emergency election as needed for all officers.

(C)

The term of office shall be one year, beginning January and ending December. An officer may continue to serve until a successor is elected. A person may not serve as an officer in a designated position of a commission for more than three consecutive one-year terms. A person who has served as an officer in a designated position of a board for three consecutive terms is not eligible for re-election to that designated office until the expiration of two years after the last date of the person's service in that office.

(D)

The director of development services will serve at the parliamentarian for the board and in the absence of the director the assistant city manager shall serve in that capacity.

(E)

A member may not hold more than one office at a time.

Sec. 1.89.5 Article 5. Duties of officers.

(A)

The chair shall preside at board meetings, appoint all committees, and represent the board at ceremonial functions.

(B)

In the absence of the chairman, the vice-chair shall perform all duties of the chair.

(C)

In the absence of both the chairman and the vice-chair the secretary shall perform the duties of the chairman.

(D)

In the absence of all officers the most senior member by appointment date shall chair the meeting.

(E)

The parliamentarian shall advise on all matters of procedures and shall assure that business conducted before the board conforms to these rules and regulations and Roberts Rules of Order.

Sec. 1.89.6 Article 6. Agendas.

(A)

Items may be placed on the agenda by the chairman, director of development services, the city manager or his designee or at the request of two or more board members. The requests must be at least five days before the meeting. Board members must consult with and receive input from the director of development services. The director shall seek consultation from the city attorney as to the legalities of the agenda item(s) and whether it is within the board's discretion.

(B)

Staff shall assemble all regular meeting items as directed by city ordinance and internal city policy.

(C)

Posting of the agenda must comply with Texas Government Code Chapter 551 (Texas Open Meetings Act).

Sec. 189.7 Article 7. Meetings.

(A)

The board meetings shall comply with Texas Government Code Chapter 551 (Texas Open Meetings Act).

(B)

Board meetings shall be governed by Robert's Rules of Order.

(C)

All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member on each questions, or if absent or failing to vote. The director of development services shall be custodian and possessor of records and minutes of the meetings.

(D)

The board shall meet at least twice a month. In November of each year, the board shall adopt a schedule of the meetings for the upcoming year, as composed by staff.

(E)

Special meetings may be called by the chairman or at the requested by three or more members. The call shall state the purpose of the meeting, the time and the date. A board may not call a meeting in addition to its regular scheduled meetings as identified in its adopted meeting schedule, more often than once a quarter, unless the meeting is required to comply with a statutory deadline or a deadline established by council.

(F)

Four members constitute a quorum. A quorum is required for the board to convene a meeting and to conduct business at a meeting.

(G)

If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held.

(H)

An affirmative vote of at least 4 members must be made to approve any motion.

(I)

The chairman has the same voting privilege as any other member.

(J)

The board shall allow citizens to address the board on agenda items and during a period of time set aside for citizen communications. The chairman may limit a speaker to three minutes. In the interest of fairness to the applicants and appellants appearing before the board and those appearing in opposition to the same, no discussion shall be held by a member or members of this board with the applicant, appellant, or opposition, who is attempting to influence any board member concerning the application or other matter involving an applicant or appellant before the board either at home or office, or in person, by telephone, letter or electronic communication. All such discussions shall be held during a meeting at which the item is posted for discussion so that all members shall have the full benefit of such a discussion.

(K)

The development services staff shall prepare the board minutes. The minutes of each board meeting must include the vote of each member on each item before the board and indicate whether a member is absent or failed to vote on an item.

(L)

The city clerk shall retain agendas, approved minutes, internal review reports and bylaws. The department of development services shall retain all other board documents. The documents are public records under Texas Local Government Code Chapter 552 (Texas Public Information Act).

(M)

Each person and board member attending a board meeting should observe proper decorum.

(N)

Debate and motions. Motions are usually classified in several ways:

(1)

Main motion;

(2)

Subsidiary motion/un-debatable motions;

(3)

Privileged motions; and

(4)

Fully-debatable motions.

A main motion is a motion that brings business before the board. Main motions are made while no other motion is pending. Any of the subsidiary or privileged motions may be made while the main motion is pending, and in many cases these motions, if passed, will affect the board's consideration of the main motion. A subsidiary or un-debatable motion is a type of motion by which a deliberative assembly deals directly with a main motion prior to (or instead of) voting on the main motion itself. Subsidiary motions are motions such as to postpone indefinitely, amend and to table.

Subsidiary or un-debatable motions involve procedural questions that can be resolved without discussion, such as tabling a main motion, moving the previous question, restricting further discussion of a main motion to a fixed number of minutes, postponing action, or referring an item under discussion to a committee. After a subsidiary or un-debatable motion is offered, the chairman must immediately take a vote, without discussion.

Privileged motions grant precedence over ordinary business. Such motions have limited debate permitted. They include setting the time of the next meeting, adjourn, recess or executive session. Any discussion of a privileged motion must be addressed to the motion itself. A motion to fix the time for adjourning the commission meeting, for example, might require limited debate as to the advisability of such a decision, but other points of discussion would be out of order.

Fully-debatable motions are subject to unlimited discussion prior to a decision.

One of the most important principles of debate is that board member's statements be directly relevant to the item under consideration. Board members recognized by the chairman are given the floor only for the purpose of discussing the item then pending, and they are out of order if they depart from that item. "Debate" can easily evolve into statements of personal philosophy. Interesting though they may seem to the speaker, such departures do not belong in a commission meeting.

Sec. 189.8 Article 8. Committees/working groups.

COMMITTEES

(A)

The planning and zoning commission will have no committees.

WORKING GROUPS

(A)

The board can determine the size of a working group but the number of board members serving on the working group must be less than a quorum of the board.

(B)

A working group may designate a chair, with the member's consent, but is not required to do so.

(C)

Quorum requirements do not apply to working groups.

(D)

Staff support will not be provided for working groups.

(E)

Working groups are not required to post their meetings in accordance with the Texas Government Code Chapter 551 (Texas Open Meetings Act).

Sec. 189.9 Article 9. Parliamentary authority.

The rules contained in the current edition of Robert's Rules of Order shall govern the board in all cases to which they are applicable, except when inconsistent with these bylaws or with special rules of procedure which the board or city council may adopt.

Sec. 189.10 Article 10. Amendment of bylaws.

A bylaw amendment is not effective unless approved by the board of commissioners of the city .

(Ord. No. O-2016-05, 2-15-16)