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HomeMy WebLinkAbout08246 ORD - 11/16/196611/23/66 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT MEMBERSHIP, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, IN THE COASTAL BEND REGIONAL PLANNING COMMISSION AND EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY TO COMPLETE SUCH ACCEPTANCE OF MEMBERSHIP OF THE CITY IN SAID COASTAL BEND REGIONAL PLANNING COMMISSION, INCLUDING AGREE- MENT ESTABLISHING THE COASTAL BEND REGIONAL PLANNING COMMISSION, AS AMENDED, AND THE AMENDED BY -LAWS OF SAID COMMISSION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR APPOINTMENT OF REPRESENTATIVES OF THE CITY BY THE CITY COUNCIL; AND DECLARING AN EMERGENCY. WHEREAS, THE COUNTIES AND CITIES IN THE COASTAL BEND AREA, INCLUD- ING THE COUNTY OF NUECES AND THE CITY OF CORPUS CHRISTI, DEEM IT IN THE PUBLIC INTEREST TO ESTABLISH THE COASTAL BEND REGIONAL PLANNING COMMISSION IN ACCORDANCE WITH CHAPTER 570 OF THE REGULAR SESSION OF THE 59TH LEGISLATURE OF THE STATE OF TEXAS; AND WHEREAS, THE CITY COUNCIL DEEMS IT ADVISABLE FOR THE CITY OF CORPUS CHRISTI TO JOIN WITH SAID COUNTIES AND CITIES IN ESTABLISHING SAID COASTAL BEND REGIONAL PLANNING COMMISSION: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO ACCEPT MEMBERSHIP IN THE COASTAL BEND REGIONAL PLANNING COMMISSION AND EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY TO COMPLETE SUCH ACCEPTANCE OF MEMBERSHIP OF THE CITY IN SAID COASTAL BEND REGIONAL PLANNING COMMISSION, INCLUDING AGREEMENT ESTABLISHING THE COASTAL BEND REGIONAL PLANNING COMMISSION, AS AMENDED, AND THE AMENDED BY -LAWS OF SAID COMMISSION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. REPRESENTATIVES OF THE CITY, UP TO THE NUMBER PERMITTED BY THE BY -LAWS OF THE SAID COASTAL BEND REGIONAL PLANNING COMMISSION, SHALL HEREAFTER BE APPOINTED BY THE CITY COUNCIL. SECTION 3. THE NECESSITY FOR IMMEDIATE ACCEPTANCE OF MEMBERSHIP IN THE COASTAL BEND REGIONAL PLANNING COMMISSION IN COOPERATION WITH THE COUNTIES AND CITIES IN THE COASTAL BEND AREA CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF NOVEMBER, 1966. ATTEST: Yl ) Jf / THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THII-8 _ , DAY OF NOVEMBER, 1966! CITY ATTORftY November 3, 1• AGREEMENT ESTABLISHING THE COASTAL BEND REGIONAL PLANNING COMMISSION AS AMENDED WHEREAS, Aransas County, Bee County, Brooks County, Duval County, Jim Wells County, Kenedy County, KLeberg County, Live Oak County, McMullen County, Nueces County, Refugio County, San Patricio County, and the incorporated cities therein, all in the State of Texas, have common problems of transportation, water supply, civil defense, drainage and land use, and have common Interrelated forms of urban development or concentration and have special problems of agriculture and conservation; and WHEREAS, said counties and cities deem it In the public interest to establish the Coastal Bend Regional Planning Commission in accordance with the provisions of Chapter 570 of the regular session of the 59th Legislature of the State of Texas; NOW THEREFORE: Section 1. The Coastal Bend Regional Planning Commission Is hereby established by the Counties of Aransas, Bee, Brooks, Duval, Jim Welts, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio, and Sam Patric Lo to Include the territorial area of said counties. Other contiguous counties, or cities therein may become a part of said Regional Planning Commission by a majority vote of the membership. Section 2. The Coastal Bend Regional Planning Commission is created by said Counties as a means whereby said Counties and themunicipalities and other public and private organizations within them may join together and cooperate with one another to Improve the health, safety and general welfare of the citizens of the regional area. Section 3. The Coastal Bend Regional Planning Commission shall consist of representatives from said Counties, the City of Corpus ChristL, and any other Incorporated Municipalities within the region desiring membership. Members of the Commission shall be appointed by the Commissioners' Courts and City Councils In the region. Membership shall be based on the last official U.S. Census, utilizing the following criteria: a. County Representatives - one member for each 20, 000 persons or fraction thereof. Counties with more than one member shall name at least 4016 of their representatives from among the elected city or county officials in such county. b. City Representatives - a city may designate as its official repres-entative a member appointed by Its County Commissioners' Court or may appoint its own member. Cities over 15, 000 population may, at their option, appoint additional representatives up to one additional member for each additional 35, 000 persons or fraction thereof. Cities having common interests due to their proximity may jointly name representatives based on their combined population. At least 5016 of the members appointed by each city shalt be elected city or county officials. _2_ Each member county or city may designate, in writing, one or more alternate representatives (listed in the order of priority in which they shall serve) for any of its regular representatives, and any such alternate representative so designated shall vote in behalf of such county or city in the absence of the regular representative for Whom he was appointed an alternate. The alternate for any elected official shall be an elected county or city official. The parties to this agreement wish to enhance the effectiveness of the Commission in studying and resolving issues raised by regional problems, in developing action programs for carrying out comprehensive plans, and in recommending regionaL policies affecting local government activites. Accordingly it is their intent that be- tween 50 and 60 per cent of the Commission members be elected policy and decision - makers from among the various local governmental units In the region. If It should develop: at any time that this is not the case, the Commission shall notify the sponsor- ing local governmental units so that they may restore the desired proportion. A quorum shall consist of a majority of the total membership. Any action of the Commission shall require the approval of a majority of those present and a majority of the member counties. A majority of the members present from each county shall determine the vote of such county. Each member present at any Commission meeting, whether appointed by a County or City shall have equal status in transacting Commission business, except that should the number present from any county exceed one for every 20, 000 population or fraction thereof In the county, the votes In that county shall be fractlonallzed equally so that the total vote cast by the county Is one for every 20, 000 population or fraction thereof In the county. Section 4. The terms of office of the members of the Regional Planning Commission shall be four years, except that in the first instance, members may be appointed for a shorter term by cities or counties with two or more members. in order to secure overlapping terms of office. Elected officials leaving office shall be replaced by the appropriate unit of government having jurisdiction. Mem- bers shall be resident citizens of the counties they represent and shall be persons whose training or experience or both has been such to enable them to contribute to the work of the Regional Planning Commission. Section 5. The Regional Planning Commission shall come Into existence upon approval of this Agreement by six or more contiguous counties and shall re- main in existence during such period as six or more counties are providing it with current payments as provided herein. A city may remain a member or may apply for membership even though its County Commissioners' Court does not provide current payments. Section 6. For the purpose of financing the operation of eaid Commission member Cities and Counties shall make payments based on the population of their County shown in the Latest official U.S. Census. The total sum paid from • -3- rl each County shall be in proportion to its voting representation (one per 20, 000 population or fraction thereof) on the Commission. If Cities in a County have appointed representatives to the Commission, the total cost to be borne by that County shall be distributed equally among the total number of representatives from that County, and the sponsoring governmental units shall each pay their share in proportion to the number of representatives they have appointed. Payment for jointly appointed members may be shared by the sponsoring governmental units in any manner agreeable to them. For the first full fiscal year, January 1 to December 31, 1967, the payment shall be $1, 000 for each 20, 000 population or fraction thereof in each County. For subsequent years, the Regional Planning Commission shall submit to the sponsor- ing Local governmental units, on or before August 1 of each year, a budget showing their anticipated financing requirement for the following year with the request that the Commissioners' Court of eachmember County and the City Council of each member City be responsible for the necessary sum, either from tax resources or other public or private sources. Failure to make the requested funds available by March 1st of any year shalL constitute withdrawal from the Commission, and if less than six Counties make said funds available in any one year, this Agreement shall be null and void and the Coastal Bend Regional Planning Commission shall cease to exist. In this event, all funds remaining after payment of all obligations of the Commis- sion shall be refunded to the then participating governmental units in proportion to their payments for financing the Commission. Section 7, Within thirty days of the effective date of this Agreement, the members of said Regional Planning Commission shall meet; shall elect officers, including a chairman, vice - chairmen, a secretary and a treasurer; shall establish headquarters and a bank account; and appoint special committees, including an executive committee, as may be deemed necessary to the activities of said Commission; and shall adopt rules and bylaws for the operation of said Commission. The Commis - s Lon shall have the power to engage employees, advisors and consultants; rent office space and establish an office; and undertake such activities necessary to its pur- poses within the Limitations of the amounts of money available therefor, The Com- mission shall have the power to apply for and receive grants of funds from local, state and federal governments and from private individuals, foundations and corporations. Section 8. It shall be the general purpose and the duty of the Regional Planning Commission to make studies and plans to guide the unified, far - reaching development of the region; to eliminate duplication and to promote economy and efficiency in the coordinated development of the area. The Commission shall make a Regional Plan, which, among other things, may include recommendations on major thoroughfares, streets, traffic and transportation studies, land use, water supply, sanitation facilities, drainage, public buildings, population density and open space. Section 9. Plans and recommendations of the Regional Planning Commission may be adopted in whole or in part by units of Local government or by public agencLes affected by such plans or recommendations, The Regional Planning Commission may assist the participating governmental units in carrying out said plans and recommendations. _4_ IN WITNESS WHEREOF, this Agreement is executed effective as of March 23, 1966, when the original six member counties ratified the original Agreement, and is amended as above, effective, upon ratification of the sixth county. ORIGINAL APPROVED BY ARANSAS COUNTY ON A r 1 L 29, 1966. APPROVED AS AMENDED 1966 ORIGINAL APPROVED BY BEE COUNTY on July 22, 1966. APPROVED AS AMENDED 11966 ORIGINAL APPROVED BY BROOKS COUNTY on March 3, 1966. APPROVED AS AMENDED , 1966 ORIGINAL APPROVED BY DUVAL COUNTY on March 23, 1966, APPROVED AS AMENDED :1966 ORIGINAL APPROVED BY JIM WELLS COUNTY on March 15, 1966. APPROVED AS AMENDED , 1966 APPROVED AS AMENDED BY KENEDY COUNTY 1966 ORIGINAL APPROVED BY KLEBERG COUNTY on March 14, 1966. APPROVED AS AMENDED , 1966 ORIGINAL APPROVED BY LIVE OAK COUNTY on July 22, 1966. APPROVED AS AMENDED , 1966 ORIGINAL APPROVED BY McMULLEN COUNTY on August 8, 1966. APPROVED AS AMENDED , 1966 ORIGINAL APPROVED BY NUECES COUNTY on March 15, 1966. APPROVED AS AMENDED 1966 ORIGINAL APPROVED BY REFUGIO COUNTY on April 4, 1966. APPROVED AS AMENDED 1966 ORIGINAL APPROVED BY SAN PATRICIO COUNTY on March 14, 1966. APPROVED AS AMENDED , 1966 APPROVED AS AMENDED BY THE CITY OF CORPUS CHRISTI APPROVED AS AMENDED BY THE CITY OF PORTLAND 1966 ,1966 November 3, 1966 BY -LAWS OF COASTAL BEND REGIONAL PLANNING COMMISSION Section 1. NAME The name of this organization shall be the Coastal Bend Regional Planning Commission. Section 2. AUTHORITY The authority and powers of the Commission shall be in accordance with provisions of the Article 1011 M Texas revised Civil Statutes and pursuant to the "Agreement Establishing the Coastal Bend Regional Planning Commission," approved as amended by member counties on Section 3. MEMBERSHIP The Coastal Bend Regional Planning Commission shall consist of city and county representatives as set forth in the Agreement establishing the Commission, as amended. Section 4. COMPENSATION All members of the Commission shall serve without compensation. Section 5. OFFICERS The Commission shall, at its January meeting, elect a Chairman, a first Vice - Chairman, a second Vice - Chairman, a Secretary, and a Treasurer. The term of these officers shall be for one (1) year, with eligibility for re- election. The officers shall be elected from among the members of the Commission, but no more than two (2) officers shall be from the same county. The Chairman and two Vice - Chairmen shall each be from different counties. Section 6. EXECUTIVE BOARD In the interest of effective functioning of the Commission, there shall be an Executive Board consisting of from eleven (11) to seventeen (17) members of the Commission, including one represeatative of each county. The members of the Execu- tive Board shall'be elected by the Commission at its January meeting. The Executive Director of the Regional Planning Staff shall be an advisory member of the Executive Board without the power to vote. Section 7. MEETINGS The Commission shall meet on the first Friday of each month except August, and at such other time as the chairman deems necessary or upon the written request of not less than five (5) members of the Commission. The date, place, and hour of the meetings shall be determined by the Commission and notice thereof, together with a copy of the proposed agenda as prepared by the chairman, shall be given by mail by the Secretary not less than five (5) days prior to such meeting. All meetings of the Commission as a whole shall be open to the public. Section 8. RULES It shall be the duty of the Chairman to preside at all meetings of the Commission and the Executive Board and he shall co- ordinate the work of the Com- mission and Board for the greatest usefulness. The Chairman shall appoint such committees as he shall deem necessary to carry out the work of the commission. In his absence, the first Vice - Chairman, if present, shall preside, otherwise, the second Vice - Chairman shall preside at such meetings. The normal order of business for all meetings shall be as fall a: f. Communications a. Call to order g. Reports of Committees b. Roll Call h. Reports of Executive Board c. Reading of the Minutes i. New Business on Proposed Agenda d. Treasurer's Report J. Other New Business e. Old Business k. Adjournment Page 2 Parliamentary procedure in Commission meetings shall be governed by Robert's "Rules of Order." The Commission and Executive Board shall keep a complete record of its functions and activities, which shall be a public record. The Chairman shall appoint a standing Nominating Committee of at least three (3) members of the Commission (each from a different county) at least thirty (30) days prior to the January meeting of the Commission whose duty it will be to nominate a Chairman, a first Vice - Chairman, a second Vice - Chairman, a Secretary, a Treasurer, and members of the Executive Board. In nominating an Executive Board the Committee shall consider the advisability of maintaining some con- tinuity among the members of the Executive Board from year to year. In the event of a vacancy in any office or on the Executive Board, the Nominating Com- mittee shall make nominations to the Commission to fill such vacancies at its next meeting and such vacancy shall be filled by election from among the members of the Commission. The Nominating Committee report shall be mailed to members of the Commission with the proposed agenda and notice of the meeting at which the election is to be held. Nominations may be made from the floor at all elections. Section 9. FUNCTIONS AND DUTIES In the exercise of its general functions, duties and powers, the Com- mission: (1) Shall prepare and recommend to participating local governments, urban and metropolitan area plans, looking to the present and future urban needs of the region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facil- ities, and related problems of urban development. The Commission may thereafter, from time -to -time, recommend changes in the plans or may undertake new studies. The study areas are defined: (a) The Metropolitan Area is the Corpus Christi Standard Metro- politan Statistical Area (Nueces and San Patricio Counties) and the urbanizing areas of Alice, Kingsville, and Rockport, including the five mile area surrounding these cities over which extra- territorial control is exercised. (b) Urban areas in the region shall include all other urban centers and incorporated cities including their areas of extra- territorial control. (2) Shall prepare and recommend to participating local governmental units, plans and reports on specific improvements to promote the reali- zation of the Metropolitan Area Plan and future urban area plans in the Coastal Bend Region. (3) Shall have access to information, reports and data relating to planning in the region. All local levels of government shall make such data available so that a comprehensive library of planning reports and data may be developed as a part of the Metropolitan Area and Urban Area Studies. (4) May request for its information all municipal or other governmental agency plans, zoning ordinances, official maps, building codes, subdivision regulations, or amendments or revisions of any of them, as well as copies of their special reports dealing in whole or in part with planning matters. Page 3 (5) Shall advise units of government concerning the relationship of any plans, projects, proposals, and policies adopted or under consideration by any such unit of government to other plans, projects, proposals and policies applicable to the Coastal Bend Region. (6) Shall have authority to contract with any unit of government within the Coastal Bend Region to provide specialized planning services with ap- propriate reimbursement when a unit of government so desires. Section 10. FISCAL FUNCTIONS In the exercise of its fiscal functions, duties, and powers, the Commission; (1) Shall prepare and approve an annual budget in the same manner as ot�er departments of local government. Such budget shall be submitted to all participating local governments in each county of the Coastal Bend Reg_iog as provided in the agreement establishing the Commission. (2) Shall have authority to make expenditures upon vouchers execpted by Chairman and Treasurer of the Commission from funds appropriated by the separate participating local governmental units. (3) Shall have authority to accept, receive and expend funds, grants, and services from private persons or organizations, including business or non- profit corporations. (4) Shall have authority to provide such information and reports as may be necessary to secure financial aid. (5) Shall deposit any monies received as gifts, donations or grants from public or private sources for planning purposes in a public banking insti- tution or institutions designated by it, to be available for expenditure by the Commission by warrants upon such monies to be drawn only upon vouch- ers signed by the Chairman and the Treasurer of the Commission. The Chair- man and Treasurer shall be bonded in the amount of $10,000 each at the Commission's expense. (6) Shall have authority to contract with respect to any funds, grants, or services from whatever source derived, within the limits of its budget. (7) Shall have authority to appoint such employees as it deems necessary, including an Executive Director, and engage consultants as it may require, within the limits of its budget. (8) Shall have authority to acquire equipment and material for its use and incur other necessary expenses, within the limits of its budget. (9) May authorize the members or employees of the Commission to attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, or to engage in other planning activities, as official representatives of the Commission, and shall have authority to pay, within the limits of the budget, the reasonable traveling expenses of such representatives. • s Page 4 (10) All 'expenditures shall be approved by the Commission. (11) Shall have the financial books of the Commission audited by compe- tent accountants annually. Section 11. EXECUTIVE HOARD - FUNCTIONS AMID DUTIES In the.exercise of its general functions, duties and powers, the Execu- tive Boards (1) Shall hold meetings at such times as the Chairman of the Commission deems necessary. Such meetings may coincide at appropriate times with the meetings of the Commission as a whole. The place and hour of such meetings shall be given by mail by the secretary of the Commission not less than two (2) days prior to such meetings. Presence at any meeting shall he deemed a waiver of such notice. Copies of the minutes and re- ports received by.the Executive Board shall be mailed to all members of the Commission after each meeting. (2) Shall exercise such functions, duties and powers as the Commission may from time -to -time assign to it. In directing the Executive Board to undertake a specific function, duty or power, the Commission may reserve to itself the right of final approval of any act undertaken by the Execu- tive Board pursuant thereto. (3) A majority of the membera of the Board, exclusive of the Executive Director, shall.constitute a QUORUM for the transaction of business at any meeting, and a majority vote of those present shall prevail. Section 12. ADVISORY DUTIES The Commission shall serve in a general advisory capacity to units of government within the region. To this end, clerks of participating local units of government shall furnish the Commission for its consideration, a copy of all ordi- nances, resolutions, plans, and other data relative to capital improvements of any substantial nature. The Commission may report in relation thereto if it.deema a report necessary or advisable, and shall so report when specifically requested by a participating local government unit. Section 13. FISCAL YEAR The fiscal year of the Commission- shall be the calendar year. Section 14. HEADQUARTERS Until such time as the Commission shall otherwise provide, the official headquarters and office address of the Commission shall be Naeees County Court House, Corpus Christi, Texas. Section 14. AMENDMENTS These By -Laws may be amended by vote.of the Commission at any meeting, provided that such proposed amendment or amendments shall he in writing is the call for the meeting in which they are acted upon. Section 15. EFFECTIVE DATE These By -Laws and any amendments thereto shall become effective immedi- ately upon adoption. s CORPUS CHRISTI, TEXAS DAY OF�L 2'V/✓If 19� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY Y R PIO•Tem THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN GL JACK BLACKMON PATRICK J. DONNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN �%1L.lI/lo JACK BLACK MON PATRICK J. DONNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE $IZEMORE WM. H. WALLACE lj