Loading...
HomeMy WebLinkAbout78-2294 ordORDINANCE NO. 78.-2294 AN ORDINANCE AMENDING SECTION 35.01, ORDINANCE NO. 77-2090, OF THE CITY OF PLAINVIEW, TEXAS, PROVIDING FOR THE APPOINTMENT, TERM OF OFFICE, NOTICE OF MEETINGS AND ATTENDANCE REQUIREMENTS OIF ALL MEMBERS OF THE BOARD OF ADJUSTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: THAT Section 35.01 "Organization and Procedure" of the Board of Adjustment of the City of Plainview is hereby amended to read as follows: 35.01 Organization and Procedure A. Establishment A Board of Adjustment is hereby established in accordance with the provisions of Article 1011g, Revised Civil Statutes of Texas, re- garding the zoning of cities and the powers and duties as provided in said Statutes. B. Composition The Board shall consist of five (5) members. Ail members appointed shall not at the time of appointment or during their term of office serve on any other authority, board, commission or committee of the City of Plainview. All members appointed shall be residents of the City of Plainveiw at the time of their appointment and during their term of office. C. Appointment The members of the Board shall be appointed by the City Council.. Two (2) members of the Board shall be appointed beginning January 1 in odd numbered years and three (3) members of the Board shall be appointed beginning January 1 in even numbered years. No person shall serve more than two (2) successive terms as a member of the Board. Any term of office of any member of the Board expiring other than on December 31 in any year shall be filled by appointment by the City Council until December 31 of that year. D. Terms Each member of the Board shall serve for a term of two (2) years. E. Meetings Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. F. Notice of Meetings Each meeting of the Board shall be legally posted as required by Article 6252-17 V.T.C.S. and the Mayor, ex-officio members and members of the Board shall be notified lin writing not less than five (5) days prior to the date of any meeting. G. Mandatory Attendance Requirements Each member of the Board shall attend no less than seventy-five ]percent (75%) of the regular, special or emergency meetings called by the officers of the Board., The secretary of the Board shall make a quarterly report to the Mayor and City Council showing the attendance of each member of the Board. Any representative failing to attend seventy-five percent (75%) of the regular, special or emergency meetings legally called during any calendar year, shall be automatically disqualified for service on the Board and shall be replaced by the City Council. H. Vacation of Office Should any member of the Board move from the City or otherwise become disqualified for any other reason, he shall vacate the office. I. Filling Vacancies Je Vacancies occurring in the membership of the Board shall be filled by appointment for unexpired term. Hearings The hearings of the Board of Adjustment shall be public; however,, the Board may go into executive session for discussion, but not for a vote on any case before it. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at ].east four (4) members of the Board. K. Rules and Regulations The Board shall keep minutes of its pro- ceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, ali of which shall be immediately filed in the office of the Board and shall be public record. The Board of Adjustment shall act by resolution in which four (4) members must concur. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the Ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. SEVERANCE CLAUSE: That should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. AND IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: That on a motion by Alderman Almon, seconded by Alderman Woods, Ordinance No. 78-2294 was read in full and adopted this date and introduced on first reading this the 5th day of December, 1978. That on a motion by Alderman Almon, seconded by Alderman SoRelle, Ordinance No. 78-2294 was by caption and adopted by the City Council on second and final reading this the 12th day of December, 1978. MEDLIN CARPENTER, Mayor Pro Tern ATTEST: · · y Clerk ~Q~ILED FOR CODIFICATION the RECORDED 'the day of day of , 1978. · 1978.