06-101 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-101
AN ORDINANCE CREATING THE PLANNING AND ZONING
COMMISSION OF THE TOWN OF PROSPER, TEXAS; PROVIDING
FOR THE APPOINTMENT OF ITS MEMBERS, TERMS AND THE
METHOD OF FILLING VACANCIES; PROVIDING FOR THE
ELECTION OF OFFICERS; ESTABLISHING A QUORUM;
ESTABLISHING DATES OF REGULAR MEETINGS; PROVIDING
FOR THE REMOVAL OF MEMBERS; PROVIDING FOR ITS POWERS
AND AUTHORITY; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas ("Town") has
investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to
create the Planning and Zoning Commission as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Planning and Zoning Commission. There is hereby created and
established within Prosper a Planning and Zoning Commission which shall be subject to the jurisdiction
of the Town Council of Prosper.
SECTION 3: Number of Members. The Planning and Zoning Commission shall be composed of
at least five (5) members appointed by the Town Council. Each member of the Planning and Zoning
Commission shall be a qualified Town voter.
SECTION 4: Term of Office. The term of office of each member shall be two (2) years;
provided, however, at the time of appointment of the initial members of the Planning and Zoning
Commission, the Town Council shall draw by lot to determine three (3) members who shall serve a one
(1) year term and two (2) members who shall serve a two (2) year term. The following year, the Town
Council shall appoint three (3) persons to serve a two (2)year term each.
SECTION 5: Vacancies. When vacancies occur on the Planning and Zoning Commission, the
Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term.
SECTION 6: Chair/Vice Chair/Secretary/Quorum. The Planning and Zoning Commission shall
have a Chair, Vice-Chair, and Secretary whose terms shall be one (1) year. The Chair, Vice-chair, and
Secretary shall be elected by the Commission from its members. Three (3) members of the Planning and
Zoning Commission shall constitute a quorum for transaction of business.
ORDINANCE CREATING P&Z COMMISSION—Page 1
SECTION 7: Meetings. The Planning and Zoning Commission shall have its regular meeting on
the first and third Tuesday of each month and at such other times as the Planning and Zoning Commission
and/or Town Council deem necessary and appropriate.
SECTION 8: Removal From Office. Any member of the Planning and Zoning Commission shall
be removed for twice failing to attend a regularly scheduled Planning and Zoning Commission meeting
without good cause during any one (1) year during his/her term. For purposes of this attendance policy, a
year shall begin on the date of appointment to the Planning and Zoning Commission.
A member's failure to attend a meeting may be excused for good cause upon his/her application
for excused absence to the Town Council and the approval by the Town Council by majority vote of the
members present and voting.
SECTION 9: Powers and Authority. The Planning and Zoning Commission shall have the power
and authority, and it shall be its duty, to perform all functions required by law and such other and further
duties requested of it by the Town Council.
SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution
from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of September 2006.
ATTESTED AND CORRECTLY �,%'' O F PR 4oi,
RECORD � Q OVA 10,
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► atthew D. Denton, Town Secrecy °/ Charles Niswange ayor
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ORDINANCE CREATING P&Z COMMIS �`