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O-2340-10-04ORDINANCE NO. 2340-10-04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE It, ADMINISTRATION, SECTION 2.02.1(1)(a) AND SECTION 2.03.1.1 TO INCREASE THE NUMBER OF ALTERNATE MEMBERS TO THE BOARD OF ADJUSTMENT AND TO PROVIDE THAT THE SIGN CONTROL BOARD SHALL CONSIST OF THE MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code is hereby amended in part by amending the sections as set forth below. New material in the text of the amended provisions of the Allen Land Development Code is set forth in underline type; material deleted from the text of the amended provisions of the Allen Land Development Code is set forth in strike-thru type. "Section 2.02.1. Board of Adjustment. The Board of Adjustment is established in accordance with the provisions of Local Government Code Section 211 et seq., regarding the zoning of cities and with the powers and duties as provided in said Statutes. 1. Organization: a. Membership. The Board shall consist of five members and Ave four alternates to be appointed by the City Council. Alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so that all cases heard by the Board of Adjustment will always be heard by a minimum of four (4) members. Regular members and alternate members of the Board of Adjustment shall serve for a period of two (2) years and until their successors are appointed and qualified. Members of the Board may be removed farjust cause by City Council upon a written charge and after public hearing. Vacancies shall be filled by appointment of the City Council by a majority vote for the unexpired term. The Board shall elect its own chairperson, who shall serve for a period of one (1) year or until a successor is elected. Such chairperson or the acting chairperson shall administer oaths and compel attendance of witnesses." "Section 2.03.1. Sign Control Board. 1. The Sign Control Board shall consist of the members of the Board of Adjustment and its alternates when alternates are required to serve in the absence of a regular member of the Board og five (9) membeFs appe . oted by the Cky Gauneil wha shall be F@sidems Bf the Gib' and who shall son -e withata eeintiensolien„ I 1 1 SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 4. This ordinance shall take effect immediately from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained, provided, however, the change in composition of the Sign Control Board shall take effect November 1, 2004. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12ra DAY OF OCTOBER. 2004 APPROVED AS TO FORM: ojzk d Peter G. Smith, CITY ATTORNEY APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. George, TSMC, CITY SE TARY Ordinance No. 2340-10-04, Page 2