LEGISLATIVE RESEARCH CENTER
File #: 20-111    Name:
Type: Ordinance Status: Agenda Ready
File created: 1/6/2020 In control: Broken Arrow City Council
On agenda: 1/21/2020 Final action:
Title: Consideration, discussion, and possible adoption of Ordinance No. 3619, an ordinance amending the Broken Arrow Code of Ordinances, Appendix A - Zoning Ordinance, Chapter 7, Review and Decision-Making Entities, Section 7.4, Board of Adjustment, specifically clarifying the nomination process for Board Members; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. ORDINANCE NO. 3619 - NOMINATING MEMBERS TO BOARD OF ADJUSTMENT
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow City Council
Meeting of: 01-21-2020

Title:
title
Consideration, discussion, and possible adoption of Ordinance No. 3619, an ordinance amending the Broken Arrow Code of Ordinances, Appendix A - Zoning Ordinance, Chapter 7, Review and Decision-Making Entities, Section 7.4, Board of Adjustment, specifically clarifying the nomination process for Board Members; repealing all ordinances to the contrary; and declaring an emergency
End

Background:
Title 11, Section 11-44-101 provides that the governing body of the municipality shall provide by ordinance for the appointment of a Board of Adjustment. The Statute further provides that the board of adjustment shall consist of five (5) members, each to be appointed for a term of three (3) years and removable for cause by the governing body, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
With the Council Members finding it important to continue to have input on such appointments, each Council Member will nominate a member to the Board and the governing body will have the responsibility of confirming such nominees.
Currently, all Board positions are filled. The proposed amendment to the ordinance provides that when a vacancy occurs the current council member representing each Ward will make a nomination in the following order: Ward 1, Ward 2, Ward 3, Ward 4, and Member-At-Large. An unexpired term of a sitting Board Member will be filled by the original appointing member for the remainder of the term.
This matter was previewed and Council voted to set this ordinance for final adoption on May 21, 2019. However, this matter was never set for final adoption. There has been no vacancy on the Board of Adjustment since this was set for preview.

Cost: No Cost
Funding Source: No Source
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager's Office
Attachments: Ordinance No. 3619

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