ORD 1989-34 - Property Restrictions, Notice Must Be Given 10-24-1989•
• 1
ORDINANCE NO. 89 -34
05311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, HEREBY AMENDS CHAPTER 30, COMMUNITY
DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF
HUNTSVILLE, TEXAS, TO REQUIRE ANY PERSON WHO SELLS OR
CONVEYS RESTRICTED PROPERTY TO FIRST GIVE TO THE
PURCHASER WRITTEN NOTICE OF THE RESTRICTIONS AND NOTICE
OF THE CITY'S RIGHT TO ENFORCE COMPLIANCE; DIRECTING
THE CITY SECRETARY TO FILE IN THE REAL PROPERTY RECORDS
OF THE COUNTY CLERK'S OFFICE A COPY OF THE FORM OF
NOTICE; PROVIDING A PENALTY OF UP TO $500.00; REQUIRING
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS Texas Local Government Code chapter 230 was amended to permit a
municipality without zoning to require any person who sells or conveys
restricted property within the municipality to give the purchaser notice of
the restrictions and notice of the municipality's right to enforce compliance;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that
SECTION 1: Council finds that the City of Huntsville, Texas, is a
municipality without zoning contemplated by Texas Local Government Code
chapter 230.
SECTION 2: Chapter 30, Community Development, of the Code of Ordinances of
the City of Huntsville, Texas, is hereby amended by the adoption of a
new subsection 301.3, to read as follows:
301.3 NOTICE TO PURCHASERS OF RESTRICTIONS.
(a)(1) Any person who sells or conveys restricted property
located inside the boundaries of the City shall first give
to the purchaser written notice of the restrictions and
notice of the City's right to enforce compliance.
(a)(2) A person commits an offense if he fails to obtain
the execution and recordation of the notice to purchaser of
restrictions.
(b) Any person who subdivides restricted property located
outside the boundaries and within the extraterritorial
jurisdiction of the City as part of a subdivision of land
shall first give to the purchaser written notice of the
restrictions.
(c) An offense under this section shall be punishable by a
fine of $1.00 to $500.00.
SECTION 3: The notice to purchasers shall be in the following form:
vol_ OiQ7 2 CE 527
SECTION 4: The City Secretary is directed to file in the real property
records of the Walker County Clerk a copy of the form of notice, with
its effective date of October 24, 1989, that is prescribed for use by
any person who sells or conveys restricted property inside the City.
SECTION 5: Any person, firm or corporation violating any provision of this
ordinance or failing to comply with any requirements of this ordinance
will be guilty of a misdemeanor and subject to a fine of up to five
hundred ($500.00) dollars upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this ordinance or non-compliance with any requirement of this
ordinance shall constitute a distinct and separate offense. The
violation of any provision of this ordinance or the failure to comply
with any requirement of this ordinance shall each constitute a distinct
and separate offense.
SECTION 6: If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect any of the remaining provisions of
this ordinance.
SECTION 7: All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this
ordinance.
SECTION 8: This ordinance shall take effect from and after ten (10) days from
its passage by the City Council. The City Secretary is hereby directed
to give notice hereof by causing the caption of this ordinance to be
published in the official city newspaper at least twice within ten (10)
days after the passage of this ordinance.
PASSED AND APPROVED THISa day of , 1989.
APPROVED AS ,T0 FORM:
Scott Bounds, City Attorney
voL0107D}AcE
THE CI Y OF HUNTSVILLE
By:
LAdt! AlOgitAV7.
Monday, ayor
THE C TY OF WALKER
THE STATE OF TEXAS
BEFORE ME, a Notary Public, in and for the
State of Texas, did appear, the said Jane
Monday, Mayor of Huntsville, who signed
this document for the intents and purposes
expressed therein, on this the 24th day of
October, 1989 in ville, W. ker County,
Texas.
uth DeShaw, Notary
State of Texas
Commission expires: 08-31-92