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Ord 1976-026
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Ord 1976-026
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8/23/2008 12:39:55 PM
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8/23/2008 12:39:55 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
1976-26
Date
7/12/1976
Volume Book
46
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<br />I <br /> <br />I <br /> <br />I <br /> <br />73 <br /> <br />OEDINANCE NO. 1976 - 26 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING SECTION 19 OF THAT <br />ORDINANCE WHICH REGULATES AND RESTRICTS THE <br />LOCATION AND USE OF BUILDINGS, STRUCTURES, AND <br />LAND, DATED MAY 23,1966, (VOL. 32), TO BROVIDE <br />FOR THE APPOINTMENT BY THE MAYOR, WITH THE APPRO- <br />VAL OF THE CITY COUNCIL, OF TWO (2) ALTERNATE <br />MEMBERS OF THE BOARD OF ADJUSTMENT TO SERVE IN <br />THE ABSENCE OF ONE OR MORE REGULAR MEMBERS. <br /> <br />WHEREAS, Article lOllg VTCS, as amended, provides that: the <br />Board of Adjustment shall consist of five (5) members, and that <br />all cases to be heard by the Board of Adjustment shall be heard <br />by a minimum of four (40 members; and, <br /> <br />WHEREAS, Article lOllg VTCS, as amended, also provides <br />that the governing body of any city may provide for the appoint- <br />ment of two (2) alternate members of the Board of Adjustment <br />who shall serve in the absence of one or more regular members; <br />and, <br /> <br />WHEREAS, Section 19 of that ordinance which regulates and <br />restricts the location and use of buildings, structures, and <br />land does not contain any provision for the appointment of alter- <br />nate members to serve on the Board of Adjustment in the absence <br />of one or more regular members; and, <br /> <br />WHEREAS, the City Council is of the opinion that such a <br />provision would allow more flexibility as to hearing dates by <br />the Board of Adjustment; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,; <br />TEXAS: <br /> <br />SECTION 1. That Section 19 of that Ordinance which regulates I <br />and restricts the location and use of buildings, structures, and <br />land, dated May 23, 1966, (Vol. 32), be amended to read as follOWS" <br />to-wit: <br /> <br />as <br /> <br />There is hereby createdaa Board of Adjustment con- <br />sisting of five (5) members and two (2) alternate <br />members, each to be appointed for a term of two (2) <br />years by the Mayor, with the approval of the City <br />Council; alternate members of said Board shall <br />serve in the absence of one or more regular members, <br />when requested to do so by the Mayor. The Board <br />shall elect one of its members to act as chairman. <br />Any member or alternatenmember may be removed for <br />cause by the appointd!ng authority upon written <br />charges and after a public hearing. The appoint- <br />ing authority shall fill vacancies for the unex- <br />pired term of any member or alternate member whose <br />term may become vacant. All cases to be heard by <br />the Board of Adjustment will be always heard by <br />a mlnlmum number of four (4) members or alternates <br />as herein provided. <br /> <br />The Board shall adopt rules of procedure and be <br />vested with all of the powers granted said Board <br />in accordance with Article lOllg VTCS, as amended, <br />as though that Article were incorporated herein; <br />however, the Mayor shall indicate at the time of <br />the appointment which two (2) of the five (5) <br />members and which one (1) of the alternate members <br />shall hold office for a period of one (1) year and <br />which three (3) of the members and which one (1) <br />of the alternate members so appointed shall hold <br />office for a two (2) year term. <br />
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