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.