In April of even-numbered years, the city council shall appoint a board of adjustment composed of five members, who shall be citizens of the City of Clute, and shall serve for a term of two years. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected and the same shall apply to vacancies in the alternate members to the board.

The city council shall also appoint four alternate members, for a two-year term in April of each even-numbered year. One or more of the alternate members may be called by the city manager to serve in the absence of one or more of the regular members during a meeting of the board of adjustment, when necessary to have a full five-member board at each meeting. Alternate members shall have the same qualifications as regular members.

(Ord. No. 79-22, § 2(11), 8-9-79)

Each member or alternate member of the board of adjustment may be removed from office for cause upon written charges being filed and a public hearing conducted concerning such removal.

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the ordinance and the act. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(a)

The board of adjustment will hold at least one regular meeting per month and all meetings will be held at 7:30 p.m. in city hall. The regular meeting shall be held in accordance with the rules of the board of adjustment. Special meetings are held in accordance with appeals procedure.

(b)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board, or bureau of the city affected by the decision.

Such appeal must be presented in writing ten days before meeting to the chairman of the board of adjustment or city manager, who upon receipt of an appeal shall notify the chairman of the board of adjustment.

(c)

Any officer, officers, departments, boards, commissions, or bureau of the municipality shall furnish to the board of adjustment a copy of all minutes, papers, drawing, or maps pertaining to an appeal of a person or persons to the board ten (10) days before the meeting.

(d)

The board of adjustment shall follow the prescribed rules of the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551).

(e)

The board of adjustment shall keep minutes of each and every meeting, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, and the secretary shall turn in a copy of the minutes to the city manager's office so copies can be made available to the city council and a permanent record of the meetings kept on file.

(f)

The board of adjustment shall recommend to the city council members and alternate members for appointment or reappointment to the board whenever any vacancy occurs and before April of each even-numbered year.

(g)

At the first meeting of the board of adjustment, after the appointment in April of each even-numbered year by the city council, the board shall elect a chairman and secretary.

(h)

If a member or alternate member of the board of adjustment finds himself in any way in personal conflict concerning any decision that must be made by the board, that member must abstain from voting.

(i)

At any subsequent meeting of the board at which the chairman is not present, those members and alternate members present and entitled to vote shall select an acting chairman from among their number who shall relinquish the chairmanship if the chairman appears before adjournment.

(j)

The rules of the board of adjustment may be changed, added to, or deleted by majority vote of the board of adjustment with a quorum present. The change in the rules must be read at one meeting and voted on at the next called meeting.

(k)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or determination in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(l)

If any of these rules of procedure or any portion of any of these rules of procedure conflict with the zoning ordinance of the City of Clute, Texas, or the act such rule or portion thereof, as the case may be, shall be void and of no force and effect but the remaining rules and parts thereof not inconsistent therewith shall remain in full force and effect.

Appeals to the board of adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official. Such appeal shall be taken within a reasonable time, by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds therefor within the time specified in section 8.4(b) of this ordinance. The administrative official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken within the time specified in section 8.4(c) of this ordinance.

(Ord. No. 79-22, § 2(12), 8-9-79)

The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.