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Ordinance 2039ORDINANCE NO. 2039 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 12.16.050 OF THE EDMONDS CITY CODE TO REDUCE THE MEMBERSHIP OF THE BOARD OF ADJUSTMENT TO SEVEN MEMBERS AND AMENDING SECTION 12.16.120 OF THE EDMONDS CITY CODE TO CHANGE THE QUORUM REQUIREMENTS. WHEREAS, the Planning Commission has reviewed the following amendment and has forwarded its recommendation to the City Council in Planning Commission Resolution No. k!.' , and the City Council having called a public hearing and at the conclusion of said hearing having found the following amendment to be in the best interests of the public health, safety and general welfare and further finding that there will be no significant adverse environmental impacts, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. At the time of this ordinance the Board consists of nine members. Presently existing positions No. 5 and No. 6 shall be eliminated on the expiration of their present terms. The remaining seven positions shall be renumbered accordingly and shall expire as set forth in Section 2 of this ordinance. Section 2. Section 12.16.050 of the Edmonds City Code is hereby amended to read as follows: 12.16.050 Board of Adjustment. (1) A Board of Adjustment is hereby established -1- consisting of seven members appointed by the Mayor subject to confirmation by the City Council. (2) In order to ensure that the fewest terms will expire in any one year, the terms of the appointed positions by position number shall expire on December 31 of the year set opposite said position number as follows: Position No. 1 - 1979 Position No. 2 1980 Position No. 3 - 1980 Position No. 4 - 1981 Position No. 5 - 1979 Position No. 6 - 1981 Position No. 7 - 1978 Thereafter, the term of office shall be four years. (3) The members of the board may be removed by the Mayor, subject to approval of the City Council, for neglect of duty or acts involving moral turpitude. Before the removal of any member of the board, the allegations upon the member being removed shall be set forth in writing and the member being removed shall be given reasonable notice thereof and an opportunity to be heard before the City Council. Members shall be removed for failure to maintain attendance as required by provisions of the Edmonds City Code. (4) Vacancies occurring on the board, for any cause, shall be filled by the Mayor, subject to confirmation by the City Council. The new appointee shall fulfill the unexpired term. (5) No member shall be appointed to serve more than two full terms. An appointment to fill a vacancy for less than two years shall not constitute a full term for the purposes of this section. Section 2. Section 12.16.120 of the Edmonds City Code is hereby amended to read as follows: -2- 12.16.120 Meetings. Meetings of the board shall be held at least once a month, provided there is business to transact and at such other times as the chairman of the board may determine. The meetings shall be held in the Edmonds Civic Center and all regular and special board meetings shall be open to the public. The board shall adopt its own rules of procedure and keep minutes of its proceedings, findings and action in each case, and the vote of each member present on each question considered in the proceedings, unless a member disqualifies himself. The presence of four members shall be necessary to constitute a quorum and three affirmative votes shall be necessary for granting a variance or a conditional use permit. Section 3. This ordinance shall be in full force and effect five days after passage and publication by posting as provided by law. APPROVED: MAYOR, N. H. Harrison ATTEST/AUTHENTICATED: C4TUCLERK, Iron Varney Moran APPROVED AS TO FORM: OFFI THE CIT+Y� ATTORNEY BY {r FILED WITH THE CITY CLERK: October 27, 1978 PASSED BY THE CITY COUNCIL: November 7, 1978 POSTED: November 8, 1978 EFFECTIVE DATE: November 13, 1978 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH } IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that -s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 8th day of November , 1978 , affiant posted true and correct copies of the attached Ordinance No. 2039, passed by the City Council on the 7th day of November r 197 8, at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this gth day of �Nlovepj,ber , 1978 SUBSCRIBED AND SWORN to before me this +� day of No -tar •Public in and for the State of Washington, r siding at