HomeMy WebLinkAboutORD 1978-001 . �
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CITY OF GRAPEVINE
ORDINANCE NO. 78-1
AN ORDINANCE AMENDING THE CITY CODE OF 7HE CfTY OF
GRAPEVINE, TEX/�S BY AMENDING TITLE 2, CHAPTER 3, SECTION
3, RELATING TO THE BOARD OF ADJUSTMENT BY REQUtRING
PAYMENT OF A FEE UPON FILING AN APPEAL WITH THE BOARD
OF ADJUSTMENT; PROVIDING FOR THE REFUNDING C)F THE FEE
IN CERTAIN EVENTS; DECLARING AN EMERGENCY
WHEREAS, upon the filing of an appeal with the Board of Adjustmenfi 'ne
City of Grapevine is caused to incur certain cosf�s and expenses in the processing
and preparati on of such an appea I pri or to i ts considerati on by the Board of A.d-
justment; and
WHEREAS, it is hereby found and determined that it is appropriate ar.�
�. , necessary that in order to defray such costs and expenses that a fee should acc�mpany
an applicati�n �f appeal to the Board of Adjustment; and
WHEREAS, it is additionally found and determined that in certain ins�nces
�:- � such fee should be refunded;
NOW, THERE�ORE, ABOVE PREMISES CONSIDERED, BE IT ORDA►.ti�D BY
THE CITY COUNCIL OF THE ClTY OF GRAPEVINE, TEXAS:
Section 1 . That Section 3 of Chapter 3, Title 2 of the City Code �� �e
City of Grapevine, relating to Board of Adjustmenfi is hereby amended to rea:� as
fol lows:
"2-3-3: APPEAL: Appeals to the Board of Adjustment can be tc<en
by any person aggreived ar by an officer or a board or department of �ze
Municipality affected by any decision of the adminisfirative office, cy
filing with the officer from whom the appeal is taken and wii-h the Bocrd
of Ad justment, a nofii ce of appea I speci fyi ng the ground thereof. Tr��
officer from whom the appeal is taken shall forthwith transmifi to the
Board all the papers constituting the record upon which the action
appeal from was taken. •
"The nofiice of appeal snall be accompanied with a check in the am:.�;nt
of Fift Dollars ($ 50.00 ) pQya��� � �he
City of Grapevine, Texas. I it is determin�d fi�at t ere was an err:,r in
� " any order, requirement, decision, �r determination made by an admini-
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strative official in the enforcement of Title 10 of the City Code such
� • fee shall be refunded fol{owing such determinafiion by fihe Board af
Ad justment. However, no refund wi i I be made regard less of the
decision of the Board of Adjustment relative to application for specia)
exceptions or variances pursuant to Yhe terms of Tifile 10 of the City
Code.
"An appeal shaf) stay all proceedings of the action appealed from,
unless fihe officer from whom the appeal is taken certifies to the
Board of Adjustment, after the notice of appeal shall have been fi led
with him, that by reason of facts, stated in the certificate, a sfay
w�uld, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed, otherwise than by a re-
straining order which may be granted by the Board of Adjustment or
by a court of record or application �n n�tice to the officer from whom
the appeal is taken and on due cause shown.
"The Board of Adjustment shall fix a reasonable time for the hearing
�.� �f an appeal, give the public notice thereof, as well as due natice
t� the parties in interest and decide the same within a reasonable timfe.
Upon the hearing any party may appear in person or by attorney or by
agent."
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Section 2. An Emergency. The fact fihaP the Board of Adjustment policies
of the City of Grap�vine are inadequeate to properly safeguard the heali-h, safety,
morals, peace and general welfare of the inhabitants of the City creates an emergency
for the immediaPe preservation of the public business, property, health, safeiy and
general welfare of the public which requires that this ordinance shall become ef�ective
from and after the date of its passage, as provided by the Charfier of the City ard it is
accordingly so ordained.
PASSED AND APPROVED BY THE C1TY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS, this the 3rd day of Januc�ry, 1978.
Mayor, C ty of Grapevine, Texas
ATTEST:
City Secr tar C t �f Grapev'n , Texas
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APPROVED AS TO FORM:
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Cifiy ttorney, City of Grapevine exas