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HomeMy WebLinkAboutORD 95-33 - Building Standards CommissAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 2.64 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, TO AMEND CHAPTER 2.64 RELATING TO THE BUILDING STANDARDS COMMISSION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Building Standards Commission must be active in order for active code enforcement to proceed within the City; WHEREAS, State law requires that most actions taken by the Building Standards Commission have an affirmative vote of at least four (4) members; WHEREAS, State law limits the number of regular members to five (5) members; WHEREAS, the City Council has determined that additional members are needed to serve on the Building Standards Commission; and WHEREAS, the City Council has determined that the appointment of alternate members to the Building Standards Commission would be in the best interest of the City, by allowing the Commission sufficient membership to meet more regularly to conduct business; WHEREAS, due to the increased construction activity and code enforcement activity, the City Council has determined that this ordinance should be passed on emergency reading in order to protect the health, safety and welfare of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Facilities and Services Policy 1 of the Century Plan - --Policy Plan Element, which states: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community", Governmental Affairs Policy 2 of the Century Plan -- Policy Plan Element, which states: "The City will encourage all citizens to actively participate in governmental functions", Historic Preservation and Urban Design rG= Policy 1, which states: "The City will preserve, protect, and Promote its prehistoric, historic, and cultural resources", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 2.64.015 of the Code of Ordinances of the City of Georgetown, Texas is hereby added to read as follows: "2.64.015 Alternate Board Members. The City Council shall be authorized to appoint up to four (4) alternate members to serve on the Commission. Any one of these alternate members shall be eligible to serve on the Commission in the absence of one of the regular members. Two (2) of the alternate members appointed under this section may be selected from the City at large, and not required to fill a position from one of the construction trades represented by the regular members. At least two (2) of the alternate members shall be chosen from the construction trades represented by the regular members. In order for the Commission to maintain the technical expertise necessary to review variances to any of the City's construction codes, one of the following methods shall be utilized by the panel of the Commission that hears the request for a variance: (a) The panel of the Commission shall include the regular member of the Commission that represents that particular construction trade on the Commission; (b) The panel of the Commission shall include an alternate member that represents that same construction trade; (c) In order that the meetings of the Commission not be unduly delayed by this process, if neither the regular member or the alternate member representing that construction trade can be available to attend the scheduled meeting of the Commission, the regular member that represents that particular construction trade shall be authorized to submit written comments to the Chairperson of the Commission prior to the consideration of the variance, which comments shall be entered as a part of the record of the hearing and considered as part of the evidence when the Commission is rendering its decision. However, prior to the Commission taking action on the proposed variance, the applicant shall be authorized to request that the variance be tabled until the regular or alternate member of that particular construction trade can be present at the meeting." SECTION 3. Section 2.64.030 of the Code of Ordinances of the City of Georgetown, Texas, is hereby amended to read as follows: "2.64.030 Membership ---Term of office. The appointed members of the Commission shall hold office for a period of two years or until their successors have been duly appointed and qualified; ..." SECTION 4. Chapter 2.64 of the Code of Ordinances of the City of Georgetown, Texas, is hereby amended to replace the word "Board" with the word "Commission", throughout the entire chapter, in order to be consistent with the current title of the Building Standards Commission. SECTION 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. The City Council hereby declares that this ordinance should be adopted on emergency passage. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on Emergency Reading on the 25th day of July, 1995. ATTEST: . Sandra Lee City Secretary ROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: LEO WOOD Mayor