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Ordinance 2013-46 - Land Development - Historic Preservation ORDINANCE 2013-46 AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 "LAND DEVELOPMENT" OF THE HUNTSVILLE, TEXAS CODE OF ORDINANCES BY ADDING CHAPTER 17, HISTORIC PRESERVATION, TO THE DEVELOPMENT CODE; REQUIRING THE PUBLICATION OF THIS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning Authority, specifically authorizes zoning functions and procedures for municipalities; and WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, Section 211.003(b) provides that in the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration,or razing of buildings and other structures. WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, Section 211.005(a) authorizes the governing body of a municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulation must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district. WHEREAS, CH. 214 TEXAS LOCAL GOVERNMENT CODE, Section 214.00111 provides additional authority to preserve substandard buildings as historic property which applies only to a municipality that is designated as a certified local government by the state historic preservation officer as provided by 16 U.S.C.A. Section 470 et seq. WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on September 19, 2013 held a public hearing prior to consideration of possibly adding a new chapter, Chapter 17, Historic Preservation, to the Huntsville Development Code; WHEREAS, the Planning and Zoning Commission recommended the addition of Chapter 17, Historic Preservation, to the Huntsville Development Code; and WHEREAS, the City Council held a public hearing at their meetings on October 1, 2013 and October 15, 2013 prior to consideration of amending the Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS: I. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. II. AMENDMENT The Huntsville Code of Ordinances, Chapter 24, Land Development, is amended by adding a new chapter entitled, "Chapter 17-Historic Preservation", attached hereto as Exhibit "A", to the Huntsville Development Code. III. REPEALER All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of any such conflict. IV. SEVERABILITY Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof,other than the part so declared to be invalid, illegal or unconstitutional. V. EFFECTIVE DATE This Ordinance shall take effect on November 19th, 2013. The City Secretary shall publish the caption of this Ordinance in the official City newspaper at least twice within ten (10) days of its passage. VI. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code. 1 st Reading—October 1,2013 PASSED AND APPROVED on this the 12a'day of November, 2013. THE CITY OF HUNTSVILLE,TEXAS Mac Woodw d,Mayo AT ST: APP O AS TO FORM: L Woodward, City Secretary L d Schneide , City Attorney II. AMENDMENT The Huntsville Code of Ordinances, Chapter 24, Land Development, is amended by adding a new chapter entitled, "Chapter 17-Historic Preservation", attached hereto as Exhibit "A", to the Huntsville Development Code. III. REPEALER All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of any such conflict. IV. SEVERABILITY Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof,other than the part so declared to be invalid,illegal or unconstitutional. V. EFFECTIVE DATE This Ordinance shall take effect on November 19th, 2013. The City Secretary shall publish the caption of this Ordinance in the official City newspaper at least twice within ten (10) days of its passage. VI. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time,place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code. 1 st Reading—October 1,2013 PASSED AND APPROVED on this the 12th day of November,2013. THE CITY OF HUNTSVILLE,TEXAS Mac Woodward,Mayor ATTEST: APP OVP AS TO FORM: Lee Woodward,City Secretary L d Schneide ,City Attorney