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HomeMy WebLinkAboutOrdinance 14849.,, ORDINANCE NO !~ g`t" AN ORDINANCE AMENDING SECTION 2-83 OF THE CITY CODE TO REFLECT THAT THE BOARD OF ADJUSTMENT CONSISTS OF NINE MEMBERS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83 of the City Code concerning City boards and commissions requires that all boards and commissions consist of nine members, unless there is a conflicting state law, city charter provision or city council exception, WHEREAS, until 1995 state law required boards of adjustment to consist of five members, WHEREAS, Section 2-83(b) exempts the Board of Adjustment from the mne-member requirement because the Board previously consisted of five members, as required by state law; WHEREAS, the Crty Council adopted Ordinance No 14437 effective February 1, 2001, increasing the Board of Adjustment from five members to mne members, WHEREAS, rt is advisable to amend Section 2-83(b) by deleting the reference to the Board of Adjustment, m order to reflect that the Board consists of mne members, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Section 2-83(b) of the Code of the Crty of Fort Worth is amended to delete the reference to "board of adjustment" SECTION 2. Except as expressly amended, all provisions of Section 2-83 shall remain in full force and effect. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, 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 5. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY r 6~ i Assistant City Attorney Adopted. ~ ~ / j3 ~~ Effective ~ ~ ~ ~ ~ ~® 2 City of Fort Forth, Texas ~11~A~ar And Council a~rl~rtunlcAtian ~:. DATE REFERENCE NUMBER LOG NAME PAGE 11/13/01 **G-13434 12ADJUST 1 of 1 SUBJECT ORDINANCE AMENDING CITY CODE SECTION 2-83 TO REFLECT THAT THE BOARD OF ADJUSTMENT CONSISTS OF NINE MEMBERS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 2-83 of the City Code to reflect that the Board of Adjustment consists of nine members DISCUSSION Section 2-83 of the City Code governs the number of members and terms of service for City boards and commissions Subsection (a) provides that all City boards will be composed of nine members, unless otherwise provided by state law, City Charter or City Council exception Subsection (b) lists boards and commissions that are exempt from the nine-member requirement. Subsection (b) currently lists the Board of Adjustment because state law previously required the Board of Adjustment to consist of five members. State law was amended in 1995 to require a minimum of five members, but to allow each City Council member to appoint a member to the Board Subsequent to this change in state law, on February 1, 2001, the City Council adopted Ordinance No 14437 increasing the Board of Adjustment from five to nine members The attached ordinance would correct Section 2-83 by deleting the Board of Adjustment's exemption from the nine-member requirement. The ordinance does not make any substantive change in the composition or operation of the Board, but merely recognizes that the Board consists of nine members FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material effect on City funds CB n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by (to) ' PROVED Charles Boswell 8511 CITY COUNCII Originating Department Head: . NOV 9 ~ 2©Qi David Yett 7606 (from) ~.~ Additional Information Contact: .~ Oity Sscretarp of t'~ ~ ~ Cit$ of For, Worth, Ts: David Yett 7606 Adopted flrdlnanc~ No. ~~~