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HomeMy WebLinkAboutLibrary Board-Agenda Packets-3/11/2013 (2) city of ■ alteTrill Texas MEMORANDUM TO: Colleyville Library Board Bylaws Subcommittee FROM: Dianne McWethy, Deputy City Manager Dixie Cawthorne, Marketing Specialist Cindy Martin, Administrative Assistant DATE: October 3, 2001 SUBJECT: Development of Bylaws The meeting of the Library Board Bylaws Subcommittee has been scheduled for October 10 at 6:30 p.m., at the Colleyville Community Center. I have enclosed the following information for your review prior to the meeting: City of North Richland Hills Library Board Bylaws City of Southlake Library Board Bylaws City of Hurst Library Board Bylaws City of Grapevine Library Board Bylaws Texas State Library and Archives Commission Sample Bylaws Kelly Public Library Board Manual As requested by Chair Mary Alice Rippe, I have enclosed copies of the Rules of Procedures for the Planning and Zoning Commission and the Zoning Board of Adjustment. If you have any questions or need additional information, please contact me at 817.577.7589, extension 204. xx: Gary Taraba, President, Colleyville Library Board Bill Lindley, City Manager Enclosures P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 CITY OF NORTH RICHLAND HILLS LIBRARY BOARD BYLAWS 09/17/2001 13: 20 817-427-8808 NRH LIBRARY CITY OF NORTH RICHLAND HILLS LIBRARY BOARD BYLAWS Meetings The Library Board shall meet on the fourth Wednesday of each month at 3:30 p.m. in the Library or as the Board may determine. Special meetings may be called by the Chairman, or upon the request of 2 members. Only the item(s) of business stated in the call may be acted upon. Board members must be notified at least 3 days prior to the date of the special meeting. The Library Director or designated representative shall be present at all Board meetings in an ex-officio capacity. The Director will be responsible for keeping a true and accurate account of all Board proceedings and maintain- ing all pertinent documents. Officers The officers of the Library Board shall consist of a Chairman and Vice-Chairman. Officers shall be elected at the September meeting by majority vote and serve from September 15 to September 15 of the following year. Officers will continue to serve until successors are elected, The Chairman shall preside at all meetings, appoint special committees as needed and authorize calls for special meetings. The Vice-Chairman shall assume these duties in the absence of the Chairman. The Library Board may assign such duties to its officers as are deemed necessary and appropriate. Committees The Board may establish such standing committees as it deems appropriate. Special committees for study, investigation or other specific purposes may be appointed by the Chairman. Such committees are to serve until the completion of their task. All committees are expected to make pro- gress reports at each Board meeting. Quorum A quorum for the transaction of business shall consist of a majority of the members of the Board. The alter- nate shall be entitled to set and vote in the absence of a regular member. 09/17/2061 13: 22 817-427-5808 NRH LIBRARY PAGE 2 LIBRARY BOARD BYLAWS Duties The Library Board shall adhere to the duties described in the City Ordinance establishing the Board. Each member is responsible for becoming acquainted with the City Ordinance establishing the Library Board, these bylaws, and Library policy. Order of Business As a general rule the order of business at regular Board meetings shall be as follows: Call to order Roll call of members Approval of minutes of prior meeting Report of Library Director Report of committees Communications Unfinished business New business Adjournment The Chairman and the Library Director, in consultation, shall prepare the agenda in advance of each meeting and distribute it to each member and alternate. Attendance Any Board member failing to attend two consecutive regular meetings or failing to attend three meetings during a year (September 15 to September 14) will be invited to present written justification for continuance on the Library Board. Failure to present the justification shall result in the seat being declared vacant. Upon presentation of the justification, the Library Board will determine by secret ballot, whether or not to declare the seat vacant. If a seat is declared vacant, the appropriate City Council member shall be notified. Amendment These bylaws may be amended at any regular meeting of the Board,. when a quorum_ is present, by unanimous vote, providing. the.. amendment was stated in the call for the meeting. NRH - September, 1988 CITY OF SOUTHLAKE LIBRARY BOARD BYLAWS BYLAWS OF THE CITY OF SOUTHLAKE LIBRARY BOARD ARTICLE I PURPOSE AND POWERS Section 1.1 Purpose. The Southlake City Council established the Library Board to act as an advisory board to the City Council relating to all nature of library facility planning and programming, as set forth in Section Four of Ordinance No. 716, passed and approved on the second reading the 20th day of October, 1998. Section 1.2 Powers. In fulfillment of its purpose, the Southlake Library Board shall be governed by Ordinance No. 716 and the Charter of the City of Southlake, Texas, and shall have all the powers set forth in the ordinance, and other applicable law. ARTICLE II BOARD MEMBERS Section 2.1 Powers, Number and Term of Office. (a) The affairs of the Library Board shall be managed by its Board. (b) The Board shall consist of seven (7) citizens of the City of Southlake, Texas, and shall be appointed by the City Council. Each Board member shall occupy a place designated by resolution. Places on the Board shall be numbered one (1) through seven (7). (c) Members shall be appointed for two (2) year terms, provided three (3) members shall be appointed each odd-numbered year, and four(4) members shall be appointed each even-numbered year. Members shall serve until their successors are appointed, without compensation. (d) The City Council, if it deems it desirable, may appoint ex-officio members to the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one year from the date of appointment. Such ex-officio members shall have no voting authority. Section 2.2 Meetings of the Board. The Board shall meet regularly, at such place or places in the City as the Board may from time to time determine. Members not planning to attend a regular meeting or special meeting shall notify the City Secretary or the Chair of the Board by noon of the meeting day. Any member with unexcused APPROVED AND ADOPTED THE 106 DAY OF FEBRUARY, 1999 Ilsl ksv0001lsharedlparkreclboardsl librarylbylaws.doc Page 1 of 4 absences from three (3) consecutive regular meetings or not exhibiting interest in the work of the Board shall be reported to the City Council, which may, at its discretion, remove the Board member and appoint a replacement. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551, Government Code. Section 2.3 Special Meetings. Special meetings of the Board may be called at the request of the Chair or any Board member. The person or persons authorized to call special meetings of the Board may fix any place for holding special meetings for the Board. Section 2.4 Quorum. A majority of the entire Board, other than the ex- officio members, shall constitute a quorum to conduct official business of the Board. The act of a majority of the Board members present at a meeting at which a quorum is in attendance, shall constitute the act of the Board, unless the act of a greater number is required by law. Section 2.5 Conduct of Business. (a) At the meeting of the Board, matters pertaining to the business of the Board shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the Chair shall preside. In the absence of the Chair, the Vice Chair shall preside. (c) The Chair shall be a voting member of the Board. (d) Minutes of each Board meeting shall be filed with the City Secretary. The minutes shall be public records and indicate, at a minimum, the members present, the subject of matters considered, and the result of any vote taken. The minutes shall also indicate how each member voted on each matter. Section 2.6 Vacancies. Any vacancy occurring in the Board shall be filled by appointment by the City Council for the length of the unexpired term. Section 2.7 Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority, as approved by resolution of the Board. It is provided, however, that all final, official actions of the Board may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be filed with the City Secretary. APPROVED AND ADOPTED THE 10`h DAY OF FEBRUARY, 1999 Ilslksv000J lsharedlparkreclboardsllibrarylbylaws.doc Page 2 of 4 Section 2.8 Compensation of Board Members. Board members shall not receive any salary or compensation for their services as Board members. However, they may be reimbursed fdr their actual expenses incurred in the performance of their official duties as Board members. ARTICLE III OFFICERS Section 3.1 Officers and Terms of Office. (a) The officers of the Board shall be a Chair and Vice Chair. The officers shall serve one year terms and until their successors are elected. (b) Officers shall be selected in the first regular session following annual regular appointments to the Board. (c) All officers shall be subject to removal from office at any time by a vote of a majority of the City Council. (d) A vacancy in the office of any elected officer shall be filled by a vote of a majority of the Board Members. Section 3.2 Powers of the Chair. The Chair shall, in general, preside at all meetings of the Board and perform all duties incident to the office of Chair and such other duties as may be prescribed by the Board and the City Council. Section 3.3 Vice-Chair. In the absence of the Chair or in the event of his/her inability or refusal to act, the Vice Chair shall perform the duties of the Chair, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chair. The Vice Chair shall perform such other duties as from time to time may be assigned to him/her by the Chair or the Board. Section 3.4 Compensation. Officers who are members of the Board shall not receive any salary or compensation for the services, except that they may be reimbursed for the actual expenses incurred in the performance of their duties as officers. ARTICLE IV BOARD DUTIES AND RESPONSIBILITIES (a) Act in an advisory capacity to the City Council in all matters pertaining to library facility planning and programming, including development of long range capital improvements programs. APPROVED AND ADOPTED THE 106 DAY OF FEBRUARY, 1999 Ilslksv000/lsharedlparkreclboardsllibrarylbylaws.doc Page 3 of 4 (b) Cooperate with other City boards and commissions, other governmental agencies, civic groups, and all citizens of the city in the advancement of sound library planning and programming. (c) Recommend policies for library services. (d) Recommend the adoption of standards for public library facilities and their financial support. (e) Receive requests for public funding for educational purposes of any public or private person, persons, associations or business entities, and to forward such request with recommendation to the City Council. (f) Review the annual operating budget and capital improvement requests relating to library programs prior to submission by the City Manager to the City Council, and submit a recommendation on the budget. ARTICLE V FISCAL YEAR Section 5.1 Fiscal Year. The fiscal year of the City of Southlake shall begin on the first day of October and end on the last day in September in each year. ARTICLE VI AMENDMENTS TO BYLAWS Section 6.1 Amendments to Bylaws. These bylaws may be altered, amended or repealed and new bylaws may be adopted by a majority of the Board members present at any regular meeting, or any special meeting, if at least three (3) days written notice is given of an intention to alter, amend, or repeal these bylaws or to adopt new bylaws at such meeting. APPROVED AND ADOPTED THE 106 DAY OF FEBRUARY, 1999 Ilsl ksv000l1sharedlparkreclboardsllibralylbylaws.doc Page 4 of 4 CITY OF HURST LIBRARY BOARD BYLAWS 09/27/2001 67: 54 817-798-7307 HURST PUBLIC LIERAR SAG= p BY-LAWS FOR LIBRARY BOARD OF.HURST PUBLIC LIBRARY Membership The board will consist of seven regular members and two alternate members. The person filling the office of Alternate Place 1 shall have the power to vote in case one regular member of the Board is absent; and both alternate members shall have the power to vote in case there are two (2) or more absences at a meeting. II. Quorum A quorum for the transaction of business shall consist of a majority of the voting members of the Board (4). III. Officers Officers of the Board shall be chosen at the July Board meeting and shall be as follows: Chairperson and Vice-Chairperson. The Chairperson Shall preside at all meetings, appoint special committees as needed, and authorize calls for any special meetings. The Library Director shall see that a true and accurate account of all Board meeting proceedings be made and shall keep a copy of the minutes of the Board. Library Board members shall, through the City Secretary, make recommendations to the City Council for the appointment and reappointment of members to the Library Board. IV. Voting Voting power of the Board is as follows: Chairperson and Regular Members Alternate Members as provided for in Section I. Ex-Officio-The Library Director and/or the Director's designee do not vote, V. Committees Ad Hoc committees for the study and investigation of special problems may be appointed by the Chairperson; such committees are to serve until the completion of the work for which they were appointed; All committees must make a progress report to the Board at each meeting. VI. Library Director The Library Director shall be an ex-officio member of the Board and shall have sole charge of the administration of the library under the direction and•review of the City Manager, The Director shall be held responsible for the care of the building and equipment, for the employment and direction of the staff, for the efficiency of the • 29/27/2021 27: 54 817-788-7307 HbRET PUBLIC '`_BRRv PAGE library's service to the public, and for the operation of the library under the financial conditions set forth in the annual budget. The Library Director shall give to each new Board Member a copy of the ordinance of said by-laws and other material as deemed beneficial. VII. Duties The Library Board shall follow the duties as stated in the City Ordinance. VIII, Meetings The regular monthly meeting of the Library Board shall be held on the third Tuesday of each month at 6:00 p.m, in the Library. Special meetings may be called by the Chairperson, or upon the request of three members, for the transaction of business stated in the call of the meeting. Notice shall be sent at least three days before a regular meeting. The Library Director and/or a staff member designated by the Director shall be present at all Board meetings. IX. Order of The order of business at the regular meeting shall be as follows: Business Call to Order Roll Call of Members Reading and Approval: Minutes of Last Meeting Staff Report Report of Committees Communications Unfinished Business New Business Informational Items Adjournment The Chairperson and/or the Library Director in consultation shall prepare the Agenda of business for each Board meeting and present a copy of it as the notification for the said meeting. Amendment of By-Laws These by-laws may be amended at any regular meeting of the Board when a quorum is present by a unanimous vote, providing the amendment was stated in the call for the meeting. CITY OF GRAPEVINE LIBRARY BOARD BYLAWS BY-LAWS FOR GRAPEVINE PUBLIC LIBRARY As Provided for in City Charter Section 11 .1 1, Page 28 Meetings: The regular monthly meeting of the Library Board shall be held on a designated day and time (which can be changed if necessary with at least three days previous notice). Special meetings may be called by the Chair, or upon the request of three members, for the transaction of the stated business. Librarian or staff member designated by librarian shall be present at all board meetings. The name of any member not attending meetings regularly or not exhibiting interest in the board's work may be submitted to the City Council, which may, at its discretion, remove the board member and appoint a replacement. Officers: Officers of the board shall be chosen at the annual meeting (month of June) of the board and shall be as follows: Chair and Secretary to act in absence of Chair. The Chair shall preside at all meetings, appoint special committees as needed, and authorize calls for any special meetings. The Secretary or substitute shall keep a true and accurate account of all board meeting proceedings and shall keep a copy of the minutes of the board. The library board shall make recommendations to the City Council for the appointment and reappointment of members of the library board. By-Laws for Grapevine Public Library Page 2 Committees: Special committees for the study and investigation of special problems may be appointed by the Chair; such committees are to serve until the completion of the work for which they were appointed. All committees will make a progress report to the board at each meeting. Quorum: A quorum for the transaction of business shall consist of a majority of the members of the board. Librarian: Librarian shall give to each new board member a copy of ordinance of said By-Laws and reading list for board members. Duties: The advisory board shall follow the duties as stated in the City Charter, All members are responsible for acquainting themselves with library policies and suggestions from the Texas State Library, Order of Business: The order of business at the regular meeting shall be as follows: Call to order; Reading and approval of minutes of last meeting; Report of the librarian; Report of committees; Communications; Unfinished business; New business; and Adjournment. The Chair and the librarian in consultation shall prepare the Agenda of business for each board meeting. Amendment of By-Laws: These By-Laws may be amended at any regular meeting of the board by a vote of two-thirds (at least 6 members of the 9 member Board), providing the amendment was stated in the call for the meeting or agenda, Revised 9/93 SAMPLE BYLAWS TEXAS STATE LIBRARY AND ARCHIVES COMMISSION 1 Public Library Advisory Board Handbook Texas State Library & Archives Commission • SAMPLE BOARD BY-LAWS By-Laws Public Library Board ARTICLE I NAME As authorized by the City Charter, City of , and City Ordinance No. . This body shall be known as the Public Library Board. ARTICLE II MEETINGS Section 1. The regular meeting of the Library Board shall be held at a time designated by the Board in the library or such other place the Board may determine. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Section 6. Robert's Rules of Order, Newly Revised shall govern in the parliamentary procedure of the Board, in all cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III OFFICERS Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson, and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. -27- r Public Library Advisory Board Handbook Texas State Library & Archives Commission Section 3. . Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by special election. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Library Board at public functions. (iii)Appoint special committees. (iv)Assist Library Director in establishing the agenda for each meeting. Agenda items requested by any Board member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) Be responsible for the accuracy of the minutes of the Board meeting and bring any corrections to the attention of the Board at its next meeting. The Secretary shall sign the approved minutes and file in Record Book. ARTICLE IV COMMrIThES Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Library Board member serving on them. These committees are automatically dissolved upon completion of the assignment. ARTICLE V LIBRARIAN Section 1. The Library Director shall be an ex-officio member of the Board. ARTICLE VI POWERS AND DUTIES OF BOARD MEMBERS Section 1. Board members shall: (a) Abide by applicable ordinances of the City of -28- Public Library Advisory Board Handbook Texas State Library & Archives Commission (b) Act in an advisory capacity of the City Council, City Manager, and Library Director. (c) Recommend policies to govern the operation and program of the library. (d) Assist in planning and give guidance for expansion of library facilities. (e) Assist in interpreting the policies and functions of the Library Department to the public. (f) Encourage in every possible way the development and advancement of the public library. ARTICLE VII AMENDMENTS Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least ten days prior to such meeting. Such amendment would then be subject to approval by City Council. -29- KELLER PUBLIC LIBRARY BOARD MANUAL • I. PURPOSE OF MANUAL The purpose of this manual is to define the policies of the Keller Public Library and provide guidelines to the staff to better serve the library's patrons. Where the manual does not adequately address a specific need or conflict, the Library staff will deal with these issues as they arise. II. ESTABLISHMENT OF LIBRARY BOARD ESTABLISHMENT: The Library Board was established by Ordinance No. 309, approved by the Keller City Council on October 6, 1981. PURPOSE: To act in an advisory capacity to the Keller City Council on all matters concerning the Keller Library program. DUTIES: To study and encourage development of library facilities and programs; recommend policies on service; review and recommend fees; advise and coordinate the library services with programs of other governmental agencies; assist in interpreting the policies and functions of the library to [the] public; solicit for the library gifts, revenues, bequests, endowments of money or property, subject to their approval and acceptance of the City Council. MEMBERS: Seven (7); residents and qualified voters of the City of Keller or residents of the City of Keller's Extraterritorial Jurisdiction with such resident serving only if no City resident applies for the appointment; appointed by a majority vote of the City Council. Members serve without compensation. TERMS: Two (2) years; alternate years. Terms of office shall be limited to two (2) consecutive terms or five (5) consecutive years. A member appointed to fill a vacancy on the Library Board shall serve the remainder of the term of his/her predecessor. 5 MEETINGS: Held the third Monday in the months of February; April; June; August; October; and December at 7:00 p.m., in the Library. QUORUM: A majority of (4). OFFICERS: The board shall elect a Chairman, Vice-Chairman and Secretary from its members. These offices shall serve for a term of one (1) year or until their successors have been duly elected and may be subsequently re-elected. II. PROCEDURES OF LIBRARY BOARD This policy manual may be amended by request to the Library Board. The Library Board and Library Director will then study the proposed amendments and take appropriate action. The Library Board may make recommendations to the City Council which will be accompanied by a Staff Recommendation from the Library Director. Upon authorization by the City Council, any amendments become part of this policy. The Library Board will review this policy manual annually in February. Recommended changes to the policy manual reflect majority opinion of the Library Board. Educational opportunities presented by the Director enable the Board to become more knowledgeable about libraries and library services. Board members are encouraged to take advantage of these opportunities and to request information when needed. IV. ROLES OF THE KELLER LIBRARY The roles of the Keller Library are as follows: • Primary roles • Independent Learning Center The Library supports individuals pursuing a program of independent education in areas such as self-improvement, job-related development, hobbies and cultural interests. • Pre-Schooler's Door to Learning 6 RULES OF PROCEDURES PLANNING AND ZONING COMMISSION RULES OF PROCEDURE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS ARTICLE I — DECLARATION OF POLICY It is hereby declared to be the policy of the Planning and Zoning Commission of the City of Colleyville, Texas that members are appointed to serve the City of Colleyville and the community. Members of the Commission are to attend and participate in the proceedings of the Commission. The Commission shall conduct itself in accordance with all applicable law. ARTICLE II - ORGANIZATION Section A. Officers. The officers of the Commission shall be a Chairman and a Vice-Chairman. The membership of the Commission shall be in accordance with Article XI, Section 11.01 of the Charter of the City of Colleyville. The Commission shall elect its Chairman and Vice-Chairman from among its members once a year, at its first regular meeting following the appointment of its new members, or as deemed necessary. 1. The Chairman shall preside at all meetings. The Chairman shall call special meetings as may be needed for the orderly conduct of the business of the Commission. The Chairman also signs the minutes of each meeting of the Commission and all Plats. 2. The Vice-Chairman shall preside at commission meetings in the absence of the Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until election of a new Chairman. 3. The Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. The appointment shall be made at time of re-election of officers. ARTICLE III - MEETINGS Section A. Arrangements 1. Time and Place. The regular meeting place of the Commission shall be in the Council Chamber in the City Hall. The Commission shall, from time to time, set a schedule for its regular meetings which shall not occur less frequently than once a month. Special meetings may be called by the Commission or by its Chairman. All meetings shall be open to the public. 2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the Commission. 1 3. Preparation. The Chairman shall secure from staff all such materials and analyses as may be useful to the Commission in considering any matter before it. 4. Work Session. Work sessions of the Commission shall be at the call of the Chairman. The meeting place for work sessions shall be at the discretion of the Chairman. All work sessions shall be open to the public. 5. Representation. Any person seeking a change in zoning or presenting any other matter to the Commission shall appear before the Commission in person, by agent, or by attorney. 6. Rules of Procedure. The Commission hereby adopts Robert Rules of Order as the rules of procedure which shall govern the business proceedings of the Commission, whenever they are not in conflict with the provisions of these Rules of Procedures. Section B. Conduct of Meeting. 1. Hearings. a. The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing therefore. b. The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. c. The Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Commission. No debate shall be permitted except among members of the Commission. d. The applicant shall be permitted up to a five (5) minute rebuttal. e. Following the rebuttal, the Commission may direct questions to the applicant, proponents, opponents or staff. f. The Chairman may request a recommendation from the city staff. g. The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Commission. Section D. Voting Procedure. 1. When the question is put, the Chairman shall call the roil in place number sequence with each member answering "Aye," or "Nay," or "Not Voting." Any member of the Commission "Not Voting" shall give a statement of his reason for not voting. On 2 completion of the roll call, the Chairman shall announce the results and the effect of the motion. 2. The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. 3. Members may abstain from voting on the adoption of minutes if they have been absent from the meeting or work session. 4. Members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Commission members during the meeting. ARTICLE IV - AMENDMENTS These rules of procedure may be amended after introduction of the proposed amendment at a regular meeting and voted upon at the next meeting and shall become effective upon an affirmative vote of the Commission. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE ON THE 23rd DAY OF OCTOBER, 2000. (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987.) ADOPTED: ATTESTED: Chairman B/4 Secretal Filed in the Office of the City Secretary this „Vat day of Ere e . , 2000. C. Secretary 3 RULES OF PROCEDURES ZONING BOARD OF ADJUSTMENT Rules of Procedure City of Colleyville—Zoning Board of Adjustment ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE I. ORGANIZATION AND OFFICERS 101. Organization A Board of Adjustment is hereby established which shall consist of five members and two alternates to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years. All vacancies occurring on the Board of Adjustment shall be filled by appointment of the City Council. Members and alternates of the Board of Adjustment may be removed from office by the City Council for cause upon receipt of written charges and after public hearing. Vacancies shall be filled by appointment of the City Council for the unexpired term of the member or alternate affected. If a regular member vacancy occurs, the senior alternate will fill his position and the City Council will appoint another alternate. 102. Officers A Chairman and Vice-Chairman shall be elected from among the Board's membership at the annual meeting of the Board and at such other times as an officer position may become vacant. The city's chief executive officer shall designate his representative to serve the Board as Executive Secretary. 103. Duties A. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings and shall decide all points of order or procedure. B. The Executive Secretary shall be custodian of the minutes and other official records, shall attend to the correspondence of the Board, and shall cause to be given such notices as are required and in the manner prescribed by law. 104. Rules of Order Roberts Rules of Order, latest revision, are hereby adopted and said rules shall govern the procedures of the Board unless otherwise provided for by statute, ordinance or these rules. II. MEETINGS 201. Quorum A quorum shall consist of four members. If a regular member is absent, the senior alternate will fill the position. If two regular members are absent, the Rules of Procedure City of Coileyville-Zoning Board of Adjustment second alternate will fill in as a regular member. Prior to the opening of the public hearing on the first application request being considered, the Board shall indicate the voting members to the audience by show of hands. Any regular or alternate member arriving after the opening of a public hearing shall not make motions, seconds or vote on the agenda item being considered, but may participate in the discussion. 202. Agenda • An agenda shall be prepared by the Executive Secretary for each meeting of the Board. The agenda shall include appeals and other matters scheduled for consideration by the Board. A copy of the agenda shall be posted in the City Hall seventy-two hours prior to the meeting as required by the Texas Open Meetings law. The agenda packets shall include all materials available pertaining to items on the agenda. 203. Meetings Regular meetings shall be held on the 2nd Tuesday of each month at 7:00 p.m. at city Hall, unless otherwise provided for by the Board, or unless no application has been scheduled for consideration by the Board. 203. Special Meetings Special meetings for any purpose may be held (1) on the call of the Chairman, or (2) on request of three or more regular members and by giving written notice to all members deposited in the mail at least 72 hours before the meeting, or (3) as may be scheduled by a majority of the Board at any previous meeting. All meetings shall be open to the public. 205. Public Meetings All meetings shall be held in full compliance with the provisions of state law, the Zoning Ordinance of the city and these Rules of Procedure. Any party in interest may appear in his own behalf or be represented by council or agent. III. OFFICIAL RECORDS 301. Definition The official records shall include these rules and regulations, and minutes of the Board together with all findings, decisions, and other official actions. Stenographic notes of the Recording Secretary and tape recordings of proceedings and discussions shall constitute the official record of the Board. 2 4f it Rules of Procedure City of Colleyville—Zoning Board of Adjustment 302. Recording of Vote The minutes of the Board's proceedings shall show the vote of each member on each decision of the Board, or if absent or failing to vote shall indicate that fact. 303. Notice of Decision Written notice of all decisions of the Board shall be sent to the petitioner by regular mail within 10 days. 304. Files-Retention All appeals and other matters coming before the Board shall be filed in the city's records. Original papers of all appeals shall be retained along with other special matters as the Executive Secretary deems essential for, permanent record. 305. Public Record The official record, appeals accepted for filing, and other matters presented to the Board in regular or special meeting shall be on file in the city Hall and shall be open to public inspection during customary working hours. IV. APPEAL PROCEDURES 401. Review of Decision Any person or persons, or any board, taxpayer, department, commissions or agency of the city aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record of such decision, and under the time limit specified with section 211.011 Texas Local Government Code. If no appeal has been taken from the Zoning Board of Adjustment ruling within the time limit specified under the above-mentioned Article, the Board's ruling shall be final. { 402. Refusal Required No appeal shall be taken to the Board until and unless the Enforcing Officer has first refused a permit for plans submitted or has rendered an interpretation of the Zoning Ordinance. When needed and at the Chairman's request, the City Manager and/or appointed official shall be present at the j [ public hearing. The Board may consider a waiver of this requirement when the Board determines that the cost of such plans would be an unnecessary burden. is 3 Rules of Procedure City of Colleyville—Zoning Board of Adjustment 403. Application Requirements Every appeal shall be filed on application forms provided by the City, shall be accompanied by the prescribed fee, and shall be complete in all respects before being accepted for filing. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a letter from the owner acknowledging taking of appeal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to appeal, and shall not be considered or acted upon by the Board. 404. Guidelines for Application Every appeal shall be prepared by the applicant according to the guidelines continued in the Appendices for the type of appeals by statutes or ordinances. Where two or more different types of appeals are included in the same application, each set of guidelines shall apply. 405. Filing Deadline An appeal shall be filed with the Board within ten (10) days after the date of decision of the Enforcing Officer. Every appeal shall be filed with the Executive Secretary of the Board no less than twenty (20) days prior to the scheduled meeting date of the Board. Appeals filed after the deadline shall be scheduled for the next regular meeting. When the filing deadline falls on a city holiday the following workday shall be observed as the filing deadline. 406. Notice A. Public notice of any appeal affecting a specific property shall be given as prescribed in the Land Development Code by means of a written notice deposited in the United states Mail, postage prepaid, not less than fifteen (15) days prior to the date of the scheduled hearing. The notice shall identify the applicant, the location of the property in question, the nature of the request, and the applicable Zoning requirements. B. All property owners within two hundred (200) feet of the property seeking the appeal shall be notified. C. Public notice of any appeal seeking an interpretation on applicable Land Development Code regulations which would apply throughout the city, shall be given by means of a legal advertisement appearing in the official newspaper of the city not less than fifteen (15) days prior to the date of the scheduled hearing. Written notice shall also be given to the applicant and his agent as provided in paragraph A, above. The notices shall identify ! the affected provisions of the Land Development Code. 4 Rules of Procedure City of Colleyville—Zoning Board of Adjustment 407. Submission of Evidence Evidence supporting the grant or denial of an appeal shall be submitted only through the Executive Secretary or to the Board in public meeting. 408. Withdrawal of Appeal Any appeal may be withdrawn upon written notice to the Executive Secretary; but no appeal shall be withdrawn after giving of public notice and prior to the Board action thereon without formal consent of the Board. 409. Expiration of Time In each decision of appeal, the Board will include a specific expiration time for compliance. V. HEARING AND DECISIONS 501. Public Hearings Hearings on all matters on which a decision of the Board is required by law shall be open to the public. The applicant may appear in his own behalf or be represented by counselor agent. 502. Order of Business The Chairman shall call the Board to order and the Executive Secretary shall record the members present and absent. The Chairman shall publicly advise those present of the procedures followed in the hearing and disposition of appeals; he shall call each appeal and shall announce the name of the applicant, the location of the property involved, and the nature of the request. Each case may be taken under advisement until all have been heard. 503. Procedure for Hearing A. The Chairman shall ask staff to outline the applicant's request, advise the Board of any communications received and present copies of any supporting evidence for or against each case. B. The Chairman shall call upon the applicant to present his case and all evidence supporting his plea. The Chairman shall then call on those to speak who support the appeal. C. The Chairman shall next call on those opposed to the granting of the appeal to present their arguments. The applicant shall then have the right of rebuttal to arguments presented by the opposition. Following the rebuttal, the Chairman shall order the hearing closed. 5 Rules of Procedure City of Colleyville—Zoning Board of Adjustment D. Each side shall proceed without interruption by the other and all arguments and pleading shall be addressed to the Board. No questioning or arguments between individuals will be permitted. During the hearing, no member shall debate or argue an issue with the applicant, nor indicate his probable vote on the appeal. E. The Board may not continue hearing on any appeal for which the applicant fails to appear unless the applicant has requested that the Board act without his being present at the hearing; provided however, the Board may hear those persons appearing in response to the notice of hearing. 504. Board's Questions The Chairman may direct any question to the applicant or any persons speaking in order to bring out all relevant facts: circumstances and conditions affecting the appeal, and will call for questions from other members of the Board and from the staff. 505. Decision After all appeals have been heard, each appeal shall be reviewed and acted upon. The Board shall make such findings as required by law. 506. Disposition of Appeals The Board may approve, approve with modifications, or deny an appeal. The Board may also defer action on any appeal whenever it concludes that additional evidence is needed or that alternate solutions need further study. An appeal may be dismissed when the Board finds that the appeal has been improperly filed or, upon notification by the Enforcing Officer that permits have been issued for a conforming use or development of the property. 507. Vote Required The concurring vote of four members shall be necessary to approve, or to approve conditionally, any matter appealed to the Board. When a motion in favor of an applicant fails to receive a second or four affirmative votes, the Executive Secretary shall record that fact and shall include in the minutes an entry stating that the Board has denied the appeal. VI. CERTIFICATION AND AMENDMENTS 601. Certified Copy A certified copy of these Rules and Regulations and of any amendments thereto will be placed on record in the office of the City Secretary within ten days following their day of adoption. 6 Rules of Procedure City of Colleyville—Zoninq_Board of Adjustment 602. Repealing Clause All previously adopted rules and regulations of the Board shall be and the same are hereby expressly repealed. 603. Amendment Procedure Amendments to these Rules and Regulations may be made by the Board at any meeting, upon the affirmative vote of four members. ADOPTED: ATTESTED: This duel day of August, 2000 , Chairman Bo- • Secretary Filed in the Office of the City Secretary this 76 day of 2000. dete f Cit ecretary Cit of Colleyville, Texas 7 4