§ 26-115. Municipal board of sign control.

(a)

Creation; membership; compensation.

(1)

The municipal board of sign control may be created by a majority vote of a quorum of the city council for the city pursuant to V.T.C.A., Local Government Code § 216.004.

(2)

The municipal board of sign control, if created, shall be composed of five persons appointed by the mayor.

(3)

The municipal board of sign control shall include persons with the following qualifications:

a.

Two real estate appraisers registered with the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers;

b.

One person engaged in the sign business in the city;

c.

One employee of the state department of transportation who is familiar with real estate valuations in eminent domain proceedings; and

d.

One architect or landscape architect licensed by the state.

(4)

Members serve for a term of two years.

(5)

After a member's term expires, the member shall serve until reappointed or replaced by the council.

(6)

A member may not receive compensation or reimbursement of expenses for service on the municipal board of sign control.

(7)

The municipal board of sign control may be disbanded at any time by a majority vote of a quorum of the city council for the city.

(b)

Powers and duties. The municipal board of sign control may exercise the powers granted under subsection (d) of this section entitled "Determination of compensation."

(c)

Required removal of certain signs. The responsible party of a lawfully installed sign type identified by the city council as a sign type desired to be removed from the municipal limits and ETJ of the city shall remove the sign if compensation is available and notice is given in accordance with this chapter.

(d)

Determination of compensation.

(1)

The municipal board of sign control shall determine the amount of compensation that the responsible party is entitled to be paid by the city.

(2)

The municipal board of sign control may make a determination under subsection (a) of this section only after a public hearing at which the sign's responsible party has an opportunity to be heard.

(3)

Notice of the public hearing shall be given to the sign's responsible party, in writing, no later than ten days prior to such public hearing.

(4)

The municipal board of sign control may establish rules, procedures, and guidelines consistent with this chapter and applicable law to exercise its powers under this section.

(e)

Compensation approval; notice; removal deadline.

(1)

After the municipal board of sign control has determined the amount of compensation to which a sign owner is entitled the city council may approve payment of the compensation by a method authorized by V.T.C.A., Local Government Code Ch. 216 (regulation of signs by municipalities).

(2)

If the requirements of subsection (e)(1) of this section are satisfied, the city shall notify the responsible party that the compensation is available and will be paid on removal of the sign.

(3)

With the consent of the responsible party, the city and the responsible party may enter into a written agreement, in lieu of cash payments authorized for compensation, to allow a billboard or portable sign to remain in place for a reasonable amortization period which will allow a responsible party to recoup the compensation authorized by the city council.

(4)

The sign's responsible party shall permanently remove the sign not later than the ten days after notice is given if no written agreement for alternate compensation authorized under subsection (e)(3) of this section is executed.

(Ord. No. 051117-01, § 1(Exh. A), 5-11-2017)