There shall be a board of adjustment consisting of five (5) members (LGC 211.008(b)) and two (2) alternate members (LGC 211.008(c)) appointed by the city council, each member appointed for a term of two (2) years and each removable for cause by the city council upon written charges after public hearing. Alternate member terms shall begin upon appointment and end July 31, 2011, and new terms will begin August 1 of each year beginning in 2011. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of adjustments may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this article in harmony with its general purpose and intent and in accordance with the general and specific rules herein stated. The board of adjustments shall have, among others, the following powers.

When in the judgment of the board, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment, may in specific cases after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:

In exercising the above-mentioned powers such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant of any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application on notice to the board and on due cause shown, grant a restraining order.

The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies therefor or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusion of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

The powers and authority of the board of adjustment as herein specified and enumerated shall not be considered exclusive, but the board shall be held to possess all of the powers and duties set out in Acts 1927, 40th Legislature, page 424, chapter 283, and all subsequent amendments thereto [V.T.C.A., Local Government Code, chapter 211].

Public notice of hearings before the board shall be given by one (1) publication in a newspaper of general circulation within the City of Monahans, Texas, at least fifteen (15) days before the time of hearing, said notice to specify the time and place of such hearing.