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HomeMy Public PortalAboutOrdinance No. 863-99 05-25-1999 • ORDINANCE NO. 8 6 3- 9 9 AN ORDINANCE AMENDING SECTION 22 "BOARD OF ADJUSTMENT" OF CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED; PROHIBITING FUTURE MEMBERS OF THE BOARD OF ADJUSTMENT FROM ALSO SERVING ON THE RICHLAND HILLS PLANNING AND ZONING COMMISSION; EXEMPTING CURRENT MEMBERS OF THE BOARD FROM THIS PROHIBITION; PROVIDING FOR APPOINTMENT OF MEMBERS OF THE BOARD OF ADJUSTMENT BY PLACE; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills, Texas, after study, has determined that the health, safety and general welfare of the citizens of the Richland Hills would be best served if members of the Richland Hills Board of Adjustment did not, at the same time, also serve on the Richland Hills Planning and Zoning Commission; and WHEREAS, the City Council has further determined that current, existing members of each of these boards should be exempt from this prohibition. WHEREAS, the City Council also determines that each member of the City Council should • have authority to appoint one regular member of the Board of Adjustment, and that the regular members of the Board should hold designated numbered places. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Subsection A "ORGANIZATION OF BOARD OF ADJUSTMENT" of Section 22 "BOARD OF ADJUSTMENT" of Chapter 12 "ZONING" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: A. ORGANIZATION OF BOARD OF ADJUSTMENT The Board of Adjustment shall consist of five (5) members who are residents of the City of Richland Hills, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. These regular members shall hold numbered places one (1) through five (5). Each council member shall be entitled to appoint one regular member, to the numbered place corresponding to the numbered place held by the appointing council member. No regular or alternate member appointed on or after May 25, 1999, may, at the time of such appointment or during the term thereof, serve • on the Richland Hills Planning and Zoning Commission. The City Council shall designate one (1) member as chairman. Vacancies shall be filled for the unexpired ORDINANCE NO. PAGE 1 • term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the City Council may appoint four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more of the regular members when requested to do so by the mayor or city manager, as the case maybe. No council member may appoint more than one alternate member per recognition of the Chair. All cases to be heard by the Board of Adjustment will always be heard by a minimum of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. • III. Saving Clause. That Chapter 12 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 2 5 ttiay of May , 1999, by a vote of 5 ayes, ~ nays, and ~ abstentions. ~~~~~~~""""'~rr,,,~ ~ APPROVED: O v~ ' ~ ~ C. F. Kelley, Mayor ~~~rrrrrrn n i ir~aa`~~~ • ORDINANCE NO. 8 6 3- 9 9 PAGE 2 • ATTEST: ~rn illis, City Secretary APPRO ED„~~"TO FORM AND LEGALITY: es . Cribbs, City Attorney G:\Docs\R\RHills\ord-BdAdj ust-P&ZComm.. wpd 051499 • • ORDINANCE NO. 8 6 3- 9 9 PAGE 1