ORD CC 1980-32 - Deed restrictions• •
ORDINANCE NO. 80 -32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AUTHORIZING THE CITY TO PARTICIPATE IN ENFORCEMENT
OF DEED RESTRICTIONS RELATED TO RESIDENTIAL USE OF PROPERTY;
AND MAKING VARIOUS PROVISIONS RELATED THERETO.
WHEREAS, the State Legislature has authorized cities to sue to enforce duly
recorded deed restrictions;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, That:
Section 1: Appendix A - Subdivision of the Code of Ordinances of the City
of Huntsville, Texas, is hereby amended by the addition of a new
subsection 4.07 that shall read as follows:
(4.07) Land use restrictions within subdivisions.
(a) The Legal Department of the City of Huntsville is authorized to
file suit or participate in a suit on behalf of the City in any
court of competent jurisdiction for the purpose of enjoining or
abating the violation of a restriction contained, or incorporated
by reference, in any plan, plat, replat or other instrument
affecting a subdivision within the City limits, provided that
(1) the instrument is recorded in the records of the Walker
County Clerk; and
(2) the restriction protects or tends to protect the residential
character of the neighborhood where the subject property
is situated, and
(3) in opinion of the City Attorney a legal course of action
may be alleged and proved.
(b) The word restriction shall mean a limitation that affects the use
to which real property may be put, affects the size of a lot, or
the size, type and number of buildings or structures that may be
built on the property.
Section 2: This ordinance shall take effect immediately upon its passage
by City Council.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, ON THIS THE Igi& DAY OF A ualaSt , 1980.
Mayor
APPROVED AS TO FORM:
eq)(
Scott Rands, City Attorney