§ 3.4. Public Hearings

A .

Public Hearing Required

When a public hearing is required, the City Secretary or designee shall establish the date, time and place of the public hearing and shall cause any notice required by this UDC and the Texas Local Government Code.

B.

Conduct of Hearing

Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows.

1.

The City staff may present a description of the proposed project and a written or oral recommendation. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled.

2.

The applicant may present any information it deems appropriate.

3.

Testimony in support of the application may be presented by any individual who expresses an interest in the proposed project.

4.

Testimony in opposition to the application may be presented by any individual who expresses an interest in the proposed project.

5.

At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public.

6.

The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.

7.

At the discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing.

8.

The public hearing shall be closed.

9.

The advisory body shall make a recommendation.

10.

A written report with its recommendations to the City Council shall be prepared.

C.

Continuance of Hearing

The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act, or any other applicable law, additional notice shall not be required if a hearing is continued. Once a public hearing is closed, no further public testimony shall be taken.

D.

Additional Rules

The body conducting the hearing may adopt additional rules of procedure, or by-laws, and apply such rules to govern the public hearing. If by-laws are not adopted, Robert's Rules of Order will govern the conduct of all meetings and hearings.

E.

Joint Public Hearing

Unless otherwise prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory body and before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the application in the following manner.

1.

The City Council shall establish the date of the joint public hearing by motion at a regular or special meeting.

2.

The City Council shall cause notice of the joint public hearing to be provided as required by this UDC and the Texas Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type of notice for the joint public hearing.

3.

The advisory body and the City Council shall be convened for the hearing and for any action to be taken on the petition or application.

4.

The advisory body and the City Council may take action on the application at the same meeting, provided that the City Council shall not take action until the written report and recommendation of the advisory body has been received.