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<br />";' <br /> <br />,. <br /> <br />KNOX W. ASKINS, ..J. D., P. C. <br />ATTORNEY AT LAW <br /> <br />702 W. F"AIRMONT PARKWAY <br />P. O. BOX 1216 <br /> <br />GAIL.J. HAMILTON..J. D. <br />ASSOCIATE <br /> <br />LA PORTE. TEXAS 77571 <br /> <br />TELEPHONE <br />713 471.t6BB <br /> <br />May 20, 1981 <br /> <br />To: Honorable Mayor and City Council <br /> <br />From: Gail J. Hamilton, Assistant City Attorney <br /> <br />Re: Zoning Board of Adjustment <br /> <br />Article 1011g of the Revised Civil Statutes of Texas provides <br />that the Board of Adjustment is to have the following powers: <br /> <br />1. To hear and decide appeals from a decision or deter- <br />mination made by an administrative official. <br />2. To hear and decide special exceptions. <br />3. To authorize variances upon appeal from an action of <br />a city official. <br /> <br />The state statutes also impose various requirements for the ad- <br />ministration of the Board of Adjustment as follows: <br /> <br />1. The Board is to consist of five members and four alternate <br />members. The attendance of alternate members is necessary <br />only if requested by the City Manager, to fill the place of <br />absent meIT'bers. <br /> <br />2. At least four members (or alternate members) must be present <br />before any decision can be made. <br /> <br />3. The chairman of the Board has the power to subpoena witnesses, <br />where needed. <br /> <br />4. All meetings must be open to the public. <br /> <br />5. The minutes of the proceedings of the Board must indicate how <br />each member voted on each matter. <br /> <br />6. All records of the Board are public records. <br /> <br />7. Appeals from action of a City official must be taken "within <br />reasonable time". The Board should establish rules for this <br />procedure and for the amount of time it considers to be rea- <br />sonable. <br />