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Ord 707 Ameding Chapter 26 Community Development Allowing the Mayor to sit on the Zoning Board of Adjustment1 : 1 WHEREAS, Section 26-68 of the Town of Westlake Code of Ordinances requires that the Town Council shall sit as the Board of Adjustments, and that all cases before the board shall be heard by at least four members; and WHEREAS, There may be times when only three Town Council Members are available to sit as the Zoning Board of Adjustments; and WHEREAS, The Mayor sitting in as an alternate member of the Zoning Board of Adjustment could avoid the need to reschedule a board hearing due to a lack of a quorum; and WHEREAS, The Town of Westlake Town Council desires to amend the Town of Westlake code of Ordinance by specifically stating that the Mayor may sit as an alternate member of the Zoning Board of Adjustments when needed to make a quorum; and WHEREAS, The Town Council of the Town of Westlake finds that the amendment set forth is in the best interests of the Town of Westlake. NOW, !' BE IT RESOLVED BY !WN COUNCIL OF i OF SECTION l: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That Chapter 26, Community Development, Section 26-68, subsection (a), of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: (a) Organization. The Town Council shall sit as the Board of Adjustment for the purposes of this section. The Mayor may sit as an alternate member when necessary to make a quorum. SECTION 3: That all provisions of the Westlake Code of Ordinances not hereby amended shall remain in full force and effect. Ordinance 707 Page 1 of 2 SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION b: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. Q Attorney r LL raWheat, Mayor Tom Brymer, f ow Manager Ordinance 707 Page 2 of 2