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O529ORDINANCE NO. 529 AN ORDINANCE AMENDING CHAPTER 17, ARTICLE VI, "ZONING ", OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY ESTABLISHING NEW SECTIONS PROVIDING FOR CREATION AND PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND REQUIREMENTS, AND POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council previously adopted an ordinance providing for the creation and appointment of the Board of Adjustment; and WHEREAS, the City Council now desires to amend said ordinance to revise the provisions regarding membership on the board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Chapter 17, Article VI, Section 17 -430 of the Kennedale City Code is hereby amended by revising subsection (a) and adding new subsections (b) and (c) to read as follows and by re- lettering current subsections (b) — (g) as subsections (d) — (i) respectively: "Sec. 17 -430. Board of Adjustment (a) Creation and Purpose. There is hereby created a Board of Adjustment. Such board shall be officially designated as the Board of Adjustment of the City of Kennedale, Texas. The board is a quasi judicial board for the purpose of hearing appeals and making determinations on matters involving the zoning ordinance as hereinafter provided. (b) Membership. (1) Appointed by majority vote of the city council, this board shall consist of five (5) regular members designated by Places 1 through 5. Appointments shall take place in October of each year, with Places 1, 3, and 5 appointed in odd numbered years and Places 2 and 4 appointed in even numbered years. The term for each place shall be two (2) years. Members must meet the following qualifications: a. Be a registered voter of the city; b. Shall have resided in the corporate limits of the city for at least one (1) year; and C. Continue residency in the city during the term of office. (2) The city council, may, at its discretion, appoint four (4) additional persons to serve as alternate members to the board, designated as Places 6, 7, 8, and 9. The alternate members shall only be entitled to serve at a meeting of the board in which a regular member is absent. If only one regular member is absent the chair shall determine which alternate member shall be entitled to serve during the regular member's absence. When serving in the absence of a regular member, an alternate member shall have the same powers, authority and duties as a regular member of the board. (3) As the board of adjustment also serves as the city's Building Board of Appeals, it is the intent of the city council that the board members shall, to the extent feasible, have experience, education or training in various fields of building construction and building standards. (4) The city council shall appoint a replacement to fill any vacancy for the unexpired term of any member whose place has become vacant. (5) The city council shall have the authority to remove any member at any time for cause, as found by the city council, on a written charge after a public hearing. (c) Organization, Rules, and Requirements. (1) By November of each year, the city council shall designate one member as chair and one member as vice chair. The terms of the chair and vice chair shall be one (1) year. It will be the duty of the chair to preside over meetings and to administer oaths and compel the attendance of witnesses. If the chair is absent the vice chair shall assume the duties of that office. (2) The board shall meet at least four (4) times per year, on a regular day and time selected by its members. The chair may call special meetings as necessary. (3) The board by majority vote shall adopt rules of procedure that are not inconsistent with state law to conduct meetings and govern its proceedings. The board shall abide by the Texas Open Meetings Law, and shall keep a record of its proceedings, including votes and attendance, and shall submit these records to the City Secretary's Office. (4) Members of the board shall not take any action unless a quorum is present. A quorum shall consist of four (4) members. Each member, including the chair, is entitled to one vote. (5) The City Manager shall designate a city employee to serve as staff liaison to the board. (6) Members of the board shall receive one dollar ($1.00) for each regular meeting attended as compensation for the performance of their duties, but no compensation shall be paid for special meetings. In addition, members may receive reimbursement of authorized expenses attendant to the performance of their duties. SECTION 2. This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provisions of such ordinance except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED on this 12 day of September, 2013. Attest: t, lco CITY ATTORNEY Q-1� a4vt Yv6R INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 Misc F Th Q I3580 1 Customer ID: CIT33 Invoice Number: 326842961 Invoice Date: 8/26/2013 Terms: Net due in 21 days Due Date: 8/31/2013 PO Number: Order Number: 32684296 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 8/26/2013 th Linage ";MIT Rate Amount 40 40 LINE $6.19 $247.40 $12.00 Net Amount: THE the Stz) Pease that thll se (817) 215 -2323 $259.40 County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for Ielegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say ent was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM SUBSCRIBED AND SWORN TO BEFORE ME, Tt Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 326842961 Invoice Amount: $259.40 PO Number: Amount Enclosed: CHRISTY LYNNE HOLLAND Notary Public, State of Texas My Commission Expires H July 31, 2016 County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for Ielegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say ent was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM SUBSCRIBED AND SWORN TO BEFORE ME, Tt Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 326842961 Invoice Amount: $259.40 PO Number: Amount Enclosed: