§ 25-1-252. CONSIDERATION OF APPLICATION FOR ADJUSTMENT.

This section prescribes the order of process for an application for adjustment.

(1)

The Law Department shall review an application for adjustment and advise the city manager.

(2)

The city manager shall present the application and the city manager's recommendation to the council.

(3)

The council shall determine whether application of the identified section of Chapter 25-8, Subchapter A ( Water Quality ) to the applicant's development project or proposal violates the United States Constitution, the Texas Constitution, or federal or state statute. An affirmative determination requires a three-quarters vote of the city council. If the council does not make an affirmative determination, the application is denied.

(4)

This subsection applies if the council makes an affirmative determination under Subsection (3).

(a)

The Watershed Protection Department shall review the application and advise the city manager.

(b)

The city manager shall present the application and the city manager's recommendation to the council at a public hearing.

(c)

After a public hearing, the city council shall:

(i)

determine the minimum adjustment required to comply with the conflicting law and provide maximum protection of water quality; and

(ii)

grant the adjustment.

Source: Section 13-1-305; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046.