0622 ORDINANCE NO. 622
AN ORDINANCE CREATING A BUILDING BOARD OF APPEALS FOR
THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR APPOINTMENT
AND TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS;
ESTABLISHING DUTIES AND POWERS OF THE BOARD; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlakc, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City of Southlake has adopted Ordinance No. 615 establishing
regulations applicable to dangerous and substandard buildings; and
WHEREAS, the City of Southlake has also adopted the Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, Uniform Administrative Code and
National Electrical Code; and
WHEREAS, the city council now desires to adopt this ordinance creating a Building
Board of Appeals for the purpose of exercising jurisdiction over substandard buildings, and
hearing and deciding appeals pursuant to the Uniform Building Code, Uniform Mechanical
Code, Uniform Plumbing Code, Uniform Administrative Code and National Electrical
Code.
NOW, THEREFORF~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
CREATION
A Building Board of Appeals, referred to in this ordinance as "the Board," is hereby
created to accomplish purposes and perform functions set forth in this ordinance.
f:\filesXmuni\slake\ordinanc\building.brd (08 12-94)
SECTION 2.
APPOINTMENT AND TERMS
The Board shall be composed of five members to be appointed by the city council.
In addition, the city council shall appoint two alternate members who shall serve in the
absence of one or more regular members. Alternate members must meet the same
qualifications as regular board members. An alternate member has voting privileges only
when sitting in for an absent member. Regular members shall be appointed to places
numbered 1 through 5 and alternate members shall be appointed to places numbered 6
and 7. Upon initial appointment pursuant to this ordinance, members in the odd
numbered places shall be appointed to serve terms expiring October 1, 1995 and members
appointed to the even numbered places shall serve terms expiring October 1, 1996.
Thereafter, the terms of office of the members shall be two years beginning on October
1st of the year of appointment. The terms of the odd numbered places shall expire in the
odd numbered years, and the terms of the even numbered places shall expire in the even
numbered years. Board members may be appointed to succeed themselves. Vacancies
shall be filled by the city council for the unexpired term. Newly appointed members shall
be installed at the first regular board meeting after their appointment. The building
official shall be an ex officio member of and shall act as secretary to the Board, but shall
have no vote on any matter before the Board. All members of the Board shall hold office
at the pleasure of the city council.
SECTION 3.
QUALIFICATIONS OF MEMBERS
It is the intent of the city council that the Board members shall, by reason of
diversity of their individual areas of expertise, constitute a board which is broadly
representative of various fields of building construction and building standards. In making
f:\ files~,rauniX.~la kc\or dinanc\building.brd (08-12-94) 2
appointments to the Board, the city council will give consideration to persons who are
qualified by experience and training to pass on matters pertaining to building construction,
mechanical design, plumbing systems or electrical systems, or who have practical experience
in matters relating to building construction or value such as a mortgage banker or licensed
real estate agent. Members, except for the building official, may not be employees of the
City of Southlake.
SECTION 4.
ORGANIZATION
The Board shall hold an organizational meeting in October of each year and shall
elect a chairman and vice-chairman from among its members. The Board shall meet when
required to carry out the duties established by this ordinance. The Board shall adopt its
own rules and procedures and shall keep a record of its proceedings consistent with the
provisions of this ordinance and the requirements of law. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question, or if absent or
failing to vote, indicating that fact, and shall keep records of its decisions and other official
actions, all which shall be filed in the office of the city secretary and kept as public
records.
SECTION 5.
DUTIES AND POWERS
(a) The Board is hereby charged with the duty and invested with the authority to:
(1) inspect property and premises at reasonable hours where required in the
discharge of its responsibilities under the laws of the State of Texas and the city;
(2) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of the technical
provisions of the following codes adopted by the City of Southlake:
f:\ files\ muniXslake\or dinanc\building,brd (08-12-94) 3
(A) the Uniform Building Code;
(B) the Uniform Plumbing Code;
(C) the Uniform Mechanical Code;
(D) the National Electrical Code; and
(E) the Uniform Administrative Code;
(3) enforce the provisions of Ordinance No. 615, the Substandard Building
Ordinance, and carry out the functions established by that ordinance to abate
substandard buildings.
(b) The Board shall have no authority relative to interpretation of the administrative
provisions of the codes listed in Subsection (a)(2) or the ordinance referenced in
Subsection (a)(3) nor may the Board waive requirements of any of the codes listed in
Subsection (a)(2) or the ordinance referenced in Subsection (a)(2).
SECTION 6.
MEETINGS AND QUORUMS
A quorum for the conduct of business shall consist of four members of the Board.
Each member is entitled to one vote and action of the Board shall require a majority of
those members present. The members of the Board shall regularly attend meetings of the
Board and shall serve without compensation, except for reimbursement of authorized
expenses attendant to the performance of their duties. The members shall comply with all
time limits and public notice requirements and all meetings of the Board shall be held in
compliance with the Texas Open Meetings Act.
SECTION 7.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
f:\files\muni~slake\ordinanc\building.brd (08-12-94) 4
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. To the extent that the composition of the boards of
appeals created by the various uniform codes referenced herein conflicts with this
ordinance, the terms of this ordinance shall control.
SECTION 8.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the city council that the phrases, clauses,
sentences, paragraphs and sections 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 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 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS /~ DAY OF
f:\ files\rnuniXslake\or dinanc\building.brd (08-12-94)
C~2"Y SECRETAI~,Y -
5
PASSED AND APPROVED ON SECOND READING ON THIS
1994.
DAY OF
APPROVED AS TO FORM AND LEGALITY:
City Attorney
f:\ files\muni~slake\ordinanc\building.brd (08-12-94) 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
Tur. STATE OF TEXAS
Inty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County , Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION o,I AD SIZE 1 H ur r L RATE AMOUNT
SEP 09 30428301CL • 358 1X29 L 29 . 46 13 . 34
Sept 9 i
P . O. # ORD NO. 622
ORDINANCE NO.622
AN ORDINANCE CREAT-
ING A BUILDING BOARD
OF APPEALS FOR THE CI-
TY OF SOUTHLAKE,TEX-
AS; PROVIDING FOR AP-
POINTMENT AND TERMS;
PROVIDING FOR OUALI-
FICATIONSOF MEMBERS
ESTABLISHING DUTIES
AND POWERS OF THE
BOARD-PROViDINGTHAT •
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL
ORDINANCES' PROVID-
ING A SEVERABILITY
A ATPROVIDING
AN EFFECTIVE DATE. SIGNED
S I G N E b � C....-
PASSED AND APPROVED
ASCRIBED BYTHECITYCOUNCILOF
THE CITY splay ME, THIS THE 9TH i Y O` SEP E 1994
'OFSE'PTEMBER619H94. NOTARY PUBLIC ,
I GGar Fickes,Mayor of I6
Southlake j .
Attest: Sandra L. LeGrand, ,
City
Approcretary TARRANT C Y, TEXAS
Taylor QJ asCityoAttornevllen ---------------
ffleTY :r, LINDA K. BL:VINS
0s'' •% COMMISSION EXPIRES
0 SEPTEMBER 13, 1991
47l is
tatiA,V1
-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
REMIT TO : 400 W. SEVENTH, FW, TX 76102
•
For thStar-Telegram PEN70: WM NACCOUN
UMBERT (ITS? AMOUNT 13 . 34DUE
1 1
PAGE OF
CITY OF SOUTHLAKE
667 N CARROLL AVE IPLEASEPAY
13. 34
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
Tug STATE OF TEXAS
inty of Tarrant
Before me, a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION ! AD SIZE TOTAL RATE AMOUNT
�__- _ INCH/LINE
AUG J i 8027028 !CL . 358 1XO 38L 38 .46 L r• 48
I
aug19
'P . O . # ORD . #622
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that the City Coon-
cll of the City of South lake,
Texas,wll l be holding a public
heaing during the Regular Ci-
ty Council meetln to be held
on September 6, �994,begin-
ning at 7:00 p.m.The meetIn9
will be held In the City Council ----_- --
Chambers of City Hall, 667 •
North Carroll Avenue,South-
lake, Texas. The purpose of
The ORDINANCE Idigg NO.622 1d �... ...._
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iG RDIN NCE BOARDSIGNEAN ORDINANCE CREAT- D /
JBSCRIBEIf—A voFsouTH�°KE,"EXI FORE ME, THI THE 23RD AY OF AUGUST,S- PROVIDING FOR AP- 4
POI NTM NT sGoa TERMS; ,}^�� `f . I /
PROVIDING FOR TERMS- NOTARY PUBLI y
FICATIONSOFMEM ERS
ESTABLISHING DUTIES
AND POWERS OF THE
BOARD PROVIDINGTHAT TARRANT COU Y, TEXAS
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL
ORDINANCES- PROVID-
ING A SEVERABILITY a1/1'
CLAU SE S A N D PROVIDING �.b'i!t!t�.�',y�-4
AN EFFECTIVE DATE. f LINDA
City of Southlake Texas tin L K. B[ s
/s/Sandra L.LeGrand S'i\/ ! f ^,,
City Secretary _ 1�� )\ ,1 COMMISSION EXPIRES
~.....:• SEPTEMBER 13. 1997
4.1 -i‘liti
—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- -
REMIT TO : 400 W . SEVENTH, FW , TX 76102
Forqyt h r-Tel L
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itaa ram COUNT A: .-,' NUMBER C I T 5 7 17. 48
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� '.'�;;� ' - 1 1
` ,�/4 PAGE OF
CITY OF SOUTHLAKE
667 N CARROLL AVE 17. 48
SOUTHLAKE TX 76092-9595 THIS PLEASE PAY AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED