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Home My WebLink AboutPR 23897: APPOINTING/REAPPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENTS Cirh'of ort r[Irrrr TeA(1A vww.Po rtArt h u rTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: August 27, 2024 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager — Operations/Director of Development Services RE: P.R. NO. 23897 — A resolution appointing/reappointing member(s) to the Zoning Board of Adjustments (ZBA). Introduction: This agenda item intends to seek the City Council's approval of P.R. NO. 23897 appointing or reappointing member(s) to the Zoning Board of Adjustments (ZBA), pursuant to Appendix A, Section 5.04 of the City of Port Arthur Zoning Ordinance. Background: In accordance with Ordinance No. 15-57, the City Council changed the board's composition, deleting the alternate positions and delineating the manner of appointment as denoted in Appendix A, Section 5.04 of the Zoning Ordinance of the City of Port Arthur, Texas. The Board shall consist of the same number of board members as the city council (including its chairman). Each council member will appoint a member to the board of adjustment. Councilmembers will notify the city secretary of the name of their appointee. A resolution giving notice of the appointment will be provided for the city council agenda for the public record. The city council shall take a simple majority vote to officially appoint each candidate to the board. The board member will serve for a term of two years. In accordance with Appendix A, Section 5.04 of the City's Zoning Ordinance, board member terms should be staggered as follows: Four members, including the "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 chairperson, are to be appointed during even-numbered years, and three members are to be appointed during odd-numbered years, each serving two-year terms. However, due to the original appointment dates, all terms for the current members expired in the same year, which does not comply with Section 5.04(C) of the Zoning Ordinance. To correct this and reestablish the proper staggering of terms, the Council is being asked to consider the following appointments: 1 . Four members (including the chairperson) for a two-year term to expire in September 2026. 2. Three members for a one-year term to expire on September 10, 2025, after which the Council would be asked to appoint or reappoint these members for a two-year term to bring us back into alignment with the ordinance. This approach will help ensure that the Board's membership is appropriately staggered moving forward, avoiding similar issues in the future. Notification of term expiration was forwarded to Board members via email and certified mail on August 28, 2024. They were informed that the City Council will vote to appoint and/or reappoint members to the City's Zoning Board of Adjustment as delineated in Exhibit "B" of the proposed Ordinance. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R. NO. 23897 appointing and/or reappointing member(s) to the Zoning Board of Adjustments (ZBA), pursuant to Appendix A, Section 5.04 of the City of Port Arthur Zoning Ordinance. "Remember, we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. NO. 23897 08/27/2024 PDL PAGE 1 OF 5 RESOLUTION NO. A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT WHEREAS, the Zoning Board of Adjustment was originally created by Ordinance No. 89-54; and, WHEREAS, in accordance with Texas Local Government Code Section 211.008(b), the board of adjustment must consist of at least five members to be appointed for terms of two years. The governing body may authorize each governing body member, including the mayor, to appoint one member to the board. The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired terms; and, WHEREAS, per Ordinance No. 15- 57, the City Council changed the composition of the board deleting the alternate positions and delineating the manner of appointment as denoted in Appendix A, Section 5.04 of the Zoning Ordinance of the City of Port Arthur, Texas; and, WHEREAS, the terms of office of the current members expired on October 26, 2023, as delineated in Exhibit "A", and, WHEREAS, the Mayor and Councilmembers wish to appoint the following members to the Board as delineated in Exhibit " B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1: That the facts and opinions in the preamble are true and correct. Section 2: That the City Council hereby appoints the following members as delineated in Exhibit "B". P.R.NO.23897 08/27/2024 PDL PAGE 2 OF 5 Section 3: That in accordance with Resolution No. 98-157, the appointee shall immediately contact the City Secretary's Office and be sworn in, receive a copy of the Charter and the Zoning Ordinance, and attend an orientation seminar from the City Attorney's Office. Section 4: That appointees, upon taking the required oath of office and doing all things necessary to qualify for such office, shall have all rights and powers provided by the Statutes and Ordinances pertaining thereto appertaining. Section 5: That this Resolution shall be effective immediately. Section 6: That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of September, A.D., 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.23897 08/27/2024 PDL PAGE 3 OF 5 APPROVED AS TO FORM: Roxann Cotroneo, City Attorney APPROVED FOR ADM NISTRATION: Ronald "Ron" Burto M, City Manager Pamela D. Langford, C M, Assistant City Manager— Operations/ Director of Development Services P.R.NO.23897 08/27/2024 PDL PAGE 4 OF 5 EXHIBIT "A" ZONING BOARD OF ADJUSTMENT (rev. March 30, 2023) Current Original COUNCIL Term Term DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date RES 21-454 RES 17-276 1 Langston Adams 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 23-152 RES 23-152 2 Chris Lopez 03/30/2023 03/30/2023 10/26/2023 03/30/2023 RES 21-454 RES 19-534 3 Anthony Albert 10/26/2021 10/26/2021 10/26/2023 12/03/2019 RES 21-454 RES 17-276 4 John Beard 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 7 William Larrain, P.E. 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 8 Anthony Leger 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 19-534 Mayor Alice Washington 10/26/2021 10/26/2021 10/26/2023 12/03/2019 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015. P.R.NO.23897 08/27/2024 PDL PAGE 5 OF 5 EXHIBIT "B" ZONING BOARD OF ADJUSTMENT ( ev. September , 2024) Current Original COUNCIL Term Term DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date 1 [Appointee Named 09/10/2024 09/10/202 2 [Appointee Name, 09/10/2024 09/10/202 3 [Appointee Name] 09/10/2024 09/10/202 4 [Appointee Name] 09/10/2024 09/10/202 5 [Appointee Name] 09/10/2024 09/10/202_ 6 [Appointee Name] 09/10/2024 09/10/202_ Mayor rADpointee Name] 09/10/2024 09/10/202 APPOINTED BY: City Council members and approved by a majority vote. LIAISON: Pamela D. Langford, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015. rt . P.O. No . 6500 12/02/15 vrt ORDINANCE NO. ( 3 -,_) 7 AN ORDINANCE AMENDING SECTION 25-100 OF THE CODE OF ORDINANCES- ZONING, AS IT PERTAINS TO THE APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS (REQUESTED BY COUNCILME_MBER MOSELY) WHEREAS, Councilmember Mosely has requested that the City Council of the City of Port Arthur amend the process as it pertains to the appointment of members to the Board of Adjustments, to meet the requirements as specified in 211. 008 of the Texas Local Government Code as delineated in Exhibit "A" attached hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the Code of Ordinances, City of Port Arthur, Texas, is hereby amended by amending Section 25-100 - Zoning of the Code of Ordinances as it pertains to the appointment of members to the Board of Adjustments, as delineated in Exhibit "A" attached hereto in conformity with 211 . 008 of the Texas Local Government Code. Section 3 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. s.po6500 Section 4 . That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of , A. D. , 2015, at a Regular Meeting of the City Council of the City of Port Arthur, �Teexxas, by the following vote: AYES: Mayor: ) c9 \� i nL d/941)yy L Councilmembers: aCJuitiI / , ate,01 ,d r ua.tr NOES: f/ L . /67 L eloris "Bobbie" Prince, Mayor ATTE-T: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia iz o City Attorney APPROVED FOR ' INISTRATION: -1110( Brian ' c% City M. r .'! s.po6456 • EXHIBIT "A" s.po6456 25-100. - Organization. There is hereby created a board of adjustment consisting of the same number of board members as the City Council (including its Chairman) v ar d a '� or with • • Each Councilmember will appoint a respective member to the board of adjustment. Councilmembers will notify the City Secretary of the name of their appointee. A resolution giving notice of the appointment will be provided for City Council agenda for the public record. The board member will serve for a term of two years. TThe members are removable for cause by council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment. Each member reappointed, or each new appointee, shall serve for a full term of two years unless removed. our alternate n e- -Fs-may}--a4&o-be--apoointed or removod in the saw m n-n-cl--fre th-e-s n e--te-r--m,--A re-r-nate memb-or-s may . c in the absence of one-e r-egu-i-ah-e-pa-Fectu-ested-te-de-se,„