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04-14-08-Ordinance-Amending the Zoning Board of Adjustment, Membership-04/21/2008ORDINANCE #04-14-08 THAT CHAPTER 14, SECTION 41 ZONING BOARD OF ADJUSTMENT, ARTICLE 41.1 (2. "Membership" and 4. "Meetings"), ORGANIZATION AND PROCEDURE IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter4, Section 41, Article 41.100 (2. "Membership"), of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: `12. Membership: The Board shall consist of seven citizens each to be appointed or reappointed by the City Council, for staggered terms of two years respectively, with terms to begin on July 1 of the year of appointment. Each member of the Board shall be removable for just cause by City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairman, who shall serve for a period of two (2) years or until his successor is elected. The City Council may appoint four (4) alternate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Secretary. Alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled and alternate members removed in the same manner as regular members. The members of the Board shall be identified by place numbers one (1) through seven (7). The even -numbered places shall expire in the even -numbered years; the odd -numbered places shall expire in the odd -numbered years. The alternate members of the Board shall be identified.by place numbers one (1) through four (4). The even -numbered places shall expire in the even -numbered years; the odd -numbered places shall expire in the odd numbered years. All regular and all alternate members are to be appointed to place numbers as specified by the City Council upon adoption of this ordinance." Section 2. That Chapter, Section 41, Article 41.100 (4. "Meetings"), of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows-- "4. Meetings: Meetings of the Board shall be held at the call of the chairman, upon written petition of three (3) regular members of the Board; and at such other times as the Board may determine. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearings or proceedings shall be heard by 'at least six (6) members or alternate members of the Board." Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. . Section 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, 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 portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section S. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the � day of �' A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. APPrVED: ,' Higgs, M o ATT T: Rosalie Chavez, City ecreta ,,