(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. The Commission shall be composed of seven members to be appointed by the City Council.
(B) Duration of terms of office; transition procedure; filing of vacancies; reappointment. The members 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 City Council. The terms of office shall expire on the last day of July or until their successor has been appointed. In the event that a vacancy occurs on the Planning and Zoning Commission prior to the expiration of a full term, the City Council shall appoint a new member to complete the unexpired term. Any member of the Commission may be reappointed by the City Council 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 City Council submit its reports, plans and recommendations for the orderly growth, development and welfare of the city in accordance with Tex. Local Gov’t. Code, §§ 211.001 et seq.. The 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 chapter, the ordinances of the City of Heath or the laws of the State of Texas, to the City Council or the City of Heath and to recommend approval or denial of zoning changes and regulations under this chapter, the ordinances of the City of Heath 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 chapter, the ordinances of the City of Heath, or the laws of the State of Texas; and
(3) To exercise those duties and powers as may be now or hereafter conferred by this chapter, the ordinances of the City of Heath, or applicable laws of the State of Texas.
(E) Citizen of Heath. Each member of the Planning and Zoning Commission shall be a resident citizen of the City of Heath at the time of his or her appointment. A member of the Planning and Zoning Commission ceasing to reside in the city during his or her term of office shall immediately forfeit his or her office.
(F) Removal. Any member of the Planning and Zoning Commission may be removed from office for any cause deemed by the City Council to be sufficient for removal of the 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 City Council 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% 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 Chairperson, Vice-Chairperson and Secretary at the first meeting in July for a term of one year. The Vice-Chairperson is to preside in the absence of the Chairperson. Both the Chairperson and the Vice-Chairperson shall vote on every item unless prohibited by law.
(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 Commission and shall be a public record. The City Secretary of the City of Heath 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 Chairperson and at such other times as the Commission may determine.
(J) Rules of procedure. Whenever a public hearing is closed, it shall be proper for the Commission to take the matter under advisement and announce its decision at some subsequent meeting which is open to the public. No hearing, however, will be continued without setting a definite date when the hearing will be resumed where a matter is taken under advisement.
(2005 Code, § 12-8-2)