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HomeMy WebLinkAboutOrdinance - 7647-1978 - Ordinance Amending Chapter 2 Of Code Of Ordinances, Adding Artiicle XI Board - 04/13/1978;-~-, J IDGV:bsb ORDINANCE N0. __ 7~6-4~7- &_fj AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO AN ARTICLE XI CREATING A PERMIT AND LICENSE APPEAL BOARD OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CREATION, COWOSITION, TERMS OF MEMBERS• ESTABLISHING RESPONSIBILITIES OF THE BOARD; PROVIDING FOR MEETINGS AND ESTABLISHING A QUORUM; ESTABLISHING POWERS OF THE BOARD; PROVIDING FOR REMOVAL -OF MEMBERS; PROVID ING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY .. WHEREAS, the City Council has determined that providing a board to hear appeal from the actions of City officials in denying, revoking or suspending City perm.its and licenses would be in the best interest of the health, safety and general welfare of the citizens of the City of Lubbock; and WHEREAS, the City Council finds that there is no provision for appeal from the actions of City officials in denying, revoking or suspending of some permits and licenses issued by the City of Lub.bock and that such lack of provision for appeal may deny some citizens their Constitutional rights, which creates an emergency which requires the immediate passage of this measure; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 2 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by adding thereto a new Article XI which shall read as follows: ARTICLE XI. PERMIT AND LICENSE APPEAL BOARD Section 2-89. 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 t~e City Council. The tenure of the members of said board shall be determined at the first organizational meeting, which shall be called by the City Council, by lot so that o~e (1) member shall serve for one year, two (2) members shall serve for two years, and two (2) members shall serve for three years from the date of said meeting or until their successors are appointed by the City Council for three year terms. The board ah.all adopt its own rules of procedure and elect its chairman and vice-chairman, who shall both serve for a term of one year. Section 2-90. Responsibilities of the board. The Permit and License Appeal Board shall be responsible for hearing appeals from administrative acts of City officials denying, revok~ng or suspending permits and licenses issued by the City of Lubbock in instances where there is no other board specifically appointed to hear such appeals. Section 2-91. Meetings and Quorum. Meetings of the Permit and License Appeal Board shall be specially ·called as required upon receipt of a written notice of appeal and request for hearing by the office of the City Hanager. The City Manager shall notify the chairman of the board of the request for hearing and a time and place for meeting shall be set. The meeting ~ust be scheduled within 10 days of the receipt of the request ·for hearing and the complaining party notified of the time and place of meeting by certified letter. The presence of three members of said board at the meeting shall constitute a quorum. -.j DGV:bsb Section 2-92. Powers of the board. The Permit and License Appeal Board may sustain or over- rule the action of any City official in r_egard to the denial, revocation or suspension of a permit or license issued by the City of Lubbock. Section 2-93. Removal of members. The City Council may remove any member of the Permit and License Appeal Board found by them to be incompetent, unfit or unsuitable to serve upon the board. SECTION 2. 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 3. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided bylaw SECTION 4. THAT the fact that public necessity and convenience requires that this Ordinance be passed as an emergency measure for reasons set forth in the pre- amble hereof, the rule requir~ng that no Ordinance shall be finally passed on the day of its introduction be suspended, and this Ordinance is declared to be an emer- gency measure to take effect from and after its pass.age and publication as set forth hereinabove. AND IT IS SO ORDERED. Passed by the City Council this 13 day of ___ ..:.A~e~r__.i__.1~--------' 1978. 1~ DIRK WEST, MAYOR ATTEST: APPROVED AS TO FORM: