HomeMy WebLinkAboutOrdinance - 8860-1985 - Amending Article VI Of Ch. 2 Of The Code Of Ordinances. - 11/21/1985. .
JCR:cl
First Reading
November 21, 1985
Agenda Item #21
Second Reading
January 9, 1986
Agenda Item #6
ORDINANCE NO. 8850 -----
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE· OF ORDI-
NANCES, CITY OF LUBBOCK, TEXAS, (ENTITLED "PERMIT AND LICENSE APPEAL
BOARD") PROVIDING FOR AMENDMENTS TO SAID ARTICLE IN ORDER TO PROVIDE FOR
MODIFICATION OF THE BOARD'S POWERS; PROVIDING A PROCEDURE FOR CONDUCT OF
HEARINGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that the changes indicated
below would be in the best interest of the citizens of the City of lubbock;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. THAT the Code of Ordinances of the City of lubbock BE and
is hereby amended by amending Section 2-164 to read as follows:
"Sec. 2-164. Created; composition; terms of members.
There is hereby created and established a board to be known and
designated as the "permit and license appeal board" consisting of five
(5) members who shall be appointed by the City Council. The members
shall serve staggered terms, as has been heretofore established, which
terms shall be for two (2) years, commencing with members appointed
during calendar year 1986. The Board shall adopt its own rules of
procedure, which shall not be inconsistent with the requirements of
this Article, and shall elect its chairman and vice-chairman, which
officers shall serve one (1) year terms."
SECTION 2. THAT the Code of Ordinances of the City of lubbock BE and
is hereby amended by amending Section 2-167 to read as follows:
"Sec. 2-167. Powers.
(a) The permit and license appeal board may sustain, overrule or
modify the action of any city official in regard to the denial,
revocation or suspension of a permit or license issued by the city.
(b) The permit and license appeal board may also sustain, overrule or
modify the action of any city board when the Code of Ordinances of the
City of Lubbock authorizes an appeal of a city board's decision to the
permit and license appeal board."
. .
SECTION 3. THAT the Code of Ordinances of the City of Lubbock BE and
is hereby amended by adding thereto a new Section 2-169, which shall read
as follows:
"Sec. 2-169. Procedure for Conduct of Hearings.
In all cases where a public hearing is authorized or required to
be held by this Board the following procedures shall be followed:
(1) A record of the entire proceedings shall be made by tape
recording or by any other means of permanent recording
determined to be appropriate by the Board.
(2) In addition to the record of the proceeding made by the
Board, any person appearing before the Board may, at his
expense, have the proceeding recorded by a duly certified
court reporter. In every case where a court reporter is
employed the person employing the reporter shall furnish a
transcript of the hearing as produced by the reporter to the
Board at no cost to it.
(3) The Board may grant a continuance of a hearing for good
cause shown.
(4) The Chairman of the Board or the Board's Vice Chairman shall
have the power to administer oaths or affirmations at any
hearing conducted by the Board.
(5) Notice of any hearing held by the Board shall be sent to any
person affected by certified mail, return receipt requested,
and be in substantially the following form:
NOTICE Of HEARING
TO (NAME)
ADDRESS
You are hereby notified that a hearing will be held before
the City of Lubbock Permit and License Appeal Board at
on the day of -----
-----------, 19 atthe hour of o1clbck .m.
The subject matter of the hearing is as follows:
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You may be present at the hearing and may represent yourself
or be represented by legal counsel of your choice.
You may present any relevant evidence on your behalf
concerning the subject matter of the hearing and will be given
the full opportunity to cross examine all witnesses offering
evidence against you.
You may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books, documents,
papers or other matters by filing a written request for such
subpoena with the Secretary of the Board.
(6) The Chairman or Vice Chairman of the Board shall issue all
subpoenas requested in writing by any party to a hearing
before the Board. It shall, however, be the obligation of
the requesting party to furnish to the Secretary of the
Board all necessary information for the proper issuance of
any subpoena.
(7) The Board itself, in addition to any party to a hearing held
by the Board, may by motion request a subpoena to be issued
to compel the attendance of any witness or the production of
book, papers, documents or other things in the interest of
fairness.
(8) The Chairman or Vice Chairman of the Board shall not issue
any subpoena when the requesting party fails to provide the
necessary information to the Secretary for its issuance.
(9) The right to cross examination shall be allowed to all
parties to a hearing held before the Board.
(10) The right to be represented by legal counsel shall be
extended to all parties to a hearing before the Board.
(11) The right to call a witness on his behalf shall be extended
to all parties to a hearing before this Board.
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(12) The Burden of Proof in every case shall be upon the person
or persons bringing the appeal to the Board to show cause
why the decision appealed from should be overruled or
modified.
(1J) During a hearing held before the Board any member of the
Board shall have the right to direct any question to either
party to such hearing.
(14) Oral evidence shall be taken only on oath or affirmation of
the witness offering such evidence.
(15) Any relevant evidence may be admitted if it is the type of
evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule which might
make improper the admission of such evidence over objection
in civil actions in courts of competent jurisdiction in this
state.
(16) The Board shall have in mind that it is conducting an
administrative hearing and consistent with the provisions of
this section may adopt any rules necessary to conduct such
hearing held before it.
(17) The Board shall render its decision in writing within five
(5) days of the conclusion of any hearing held before it."
SECTION 4. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected
thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method of publication as provided by law.
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' "
AND IT IS SO ORDERED
Passed by the City Council on first reading this 21st day of November,
1985.
Passed by the City Council on second reading this 9th day of ~...........,;;.;;;.;..~-'
1986.
ATTEST:
APPROVED AS TO CONTENT:
£~t; to the City Manager
APPROVED AS TO fORM:
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
M2320-R97
Before me Theo Sai!eb1e I a Notary Public in and for. Lubbock County. Texas on this day
personally appeared Twi I a Auftll• Account Manai!er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Leea I Notice
--------------No. 719838 at Lubbock County. Texas and the attached print-
ed copy of the Lute I Notice is a true copv of the original and was printed in the Lubbock 1/1.1t18/B6 Avalanche-Journal on the following dates:
271 w@ .76 = $205.96
Account Manai!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 20tbdav of-c·lanuenr
' .
FORM 58-10
. l9S-6--
/
/
A~?vtOF APT QF THI$ CQDE . OF.· (IRDlNAm:l!$, CITY . OF LIJ8110(;1{, Tf;:I(AJ,
U!NTITLED "PERMIT "NO 1,1• CENSE · APPEAL BOARD")
PROVIDING FOR ·AMEND· 'MENTS .TO SAID ARTICLE 'IN ' ORDER TO PROVIDE FOR MOO. IPICATION' OP ·Ttl'!! "Bt!AIIID<&~.
POWl!RS; PROVIDING A PRO. 'liiOR~CONDUCT OF HEARINGS; PROVIDING A SAV• .lNG$ CLAUSE ANO PROVIDI,.G FOIU•UBLICATION •..
· . ORDINANQ; NO.II72 AN 'ORDINANCE AMENDING
CHAPTI'R 20 OF THE CODE OF --~-----·~----------------------..,...;---------L---------JOROINANQ;$ OF THE CITY OF I.U8liOCK. Te~ BV AMENt> lNG THE LANGUAGE OF I'RTI· CUi! IV fERTA'INING TO CHAR· ITABUI\ IOLtCITATIONS WITH· IN THe CITY , OF LUBBOCK:
/
PR!)VIOING A PENAI..TV;.PRO. : 'llli)ING. A SAVINGS C\AUSE; 1 ·
AND PaOVIDING FOR. PUBLI· • , CA'TION. ,
. ORDINANCE NO.I866 , AN. O~.DINANCE ·AMENDING , .. CHAPTER, 29 OF. TH£ CODE Of' : ORDINANCI!S, CITY OF LUB-BOCK~ ENTITLED uzoNING.'' BV ADDING A ltU:!W ZONING
DISTRICT TO B.e I(NDWN AS "IHQ," INTERSTATE HIGHWAY OFFICE DISTRICT AND .PRO> (, VIDING. liOR THE REQUIRE· MENTS OF. SUCH DISTRICT: II!IY ADDING A NEW ZONING DIS-
TIUCT TO BE KNOWN AS "IHC,"
INTERSTATE HIGHWAY COM· MERCIAL· DISTRICT AND PRO. VIDING FOR THE REQUIRE· MENTSOF SUCH DISTRICT: BY ADDING A NEW J()tUNG DIS-TRICT 10 8E I(NO'Wtf AS NIH I" INTE1t$TATE Hl$tiWAV 1111-I)USTRIAL AND . PROVIDING
FOR THE REQUIRl;MENTS OF
SUCH DJSTRIC:{S TO SECTION· 1 '
29-.t ENTITLED "Cit$TIUC't$";
BY .. DOING ·SI.!CH DISTRICT$ WITH DE51GNATiiD COI.QRS TO SECTION 2'J.5. ENTITLfO "ZOIC• · lNG MAPS"; 11'1' ADQING SUCH,
DISTRICTS TO SeCTICM ~Ut
WHICH REGULATES $!GN5; PROVIDING FOR A PENAt.TYI PROVIDING . A. SAVINGS. C:LAU$1!1 AND PROVIOING FOR PUIILic;,.TIDN. · · . OROtK/\NCI!I 1110. U"'
AND OltOINI.HC.I CANCI:L• I.ING AUTHORITY AND AP. PRClVAL FOR A TR~IC SIG-
NAl. AT IIROAQWA'I Al\10. A'I(E• HUt! 0' ,1\ND AUTHalttZIHG THE RI!MOVAt. OF SAID T~AFPte: SIGNAL AS AN OPERATIVE TRAFFIC $1GNAL R..f7