ORD 1989-39 - Requires Notice of Property Restrictions 11-21-1989ORDINANCE NO. 89_39
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 one of the following forms:
STATE OF TEXAS §
COUNTY OF WALKER §
NOTICE OF RESTRICTIONS
The Seller of real property under Subchapter 14, Chapter 230, Local Government
Code, Section 230.005 gives the following notice:
Purchaser:
Seller:
Legal:
Street Address:
The above described property is subject to Deed Restrictions and the City of
Huntsville, Texas, is authorized to enforce the restrictions.
The restrictions are recorded in the County Clerk's office as follows:
Volume and Page or County Clerk's File No. or Film Code Number
Any provision of this notice that restricts the sale, rental or use of the
real property on the basis of race, color, religion, sex, or national origin
are unenforceable.
This notice shall be given to the purchaser at or before the final closing of
the sale and purchase of the above described property and shall be recorded in
the real property records of Walker County, Texas.
State of
County of
Seller
Purchaser
This instrument was acknowledged before me on the day of
1989, by
State of
County of
Notary Public, State of
Notary's Printed Name:
Commission Expires:
This instrument was acknowledged before me on the day of
1989, by
Notary Public, State of
Notary's Printed Name:
Commission Expires:
NOTICE TO PURCHASER(S)
THE STATE OF TEXAS
COUNTY OF
The real property described below, which you are purchasing is subject
to deed restrictions recorded at of the County
records (identify the volume and page, clerk's file
number, or film code number and the title of the records in which the
restrictions are recorded; if the restrictions have been amended or extended
or if property is subject to restrictions recorded at various places, then
identify each filing; be certain to include reference to subdivision and other
map filings to the extent they include setback lines or other restrictions).
THE RESTRICTIONS LIMIT YOUR USE OF THE PROPERTY. THE CITY OF HUNTSVILLE IS
AUTHORIZED BY STATUTE TO ENFORCE COMPLIANCE WITH CERTAIN DEED RESTRICTIONS.
You are advised that in the absence of a declaratory judgment that the
referenced restrictions are no longer enforceable, the City of Huntsville may
sue to enjoin a violation of such restrictions. ANY PROVISIONS THAT RESTRICT
THE SALE, RENTAL, OR USE OF THE REAL PROPERTY ON THE BASIS OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN ARE UNENFORCEABLE; however, the inclusion of
such provisions does not render the remainder of the deed restrictions
invalid. The legal description and street address of the property you are
acquiring are as follows: (insert legal description or attach and refer to by
designated Exhibit; state property street address).
Date Seller
Date Seller
The undersigned admit receipt of the foregoing notice at or prior to
closing the purchase of property above described.
Date
Date
Purchaser
Purchaser
(Add additional execution lines for Sellers and Purchasers as
required; attach acknowledgments for each seller and purchaser in
the applicable form as provided by Section 121.008 of the Civil
Practice and Remedies Code.)
a
SECTION 4: The City Secretary is directed to file in the real property
records of the Walker County Clerk a copy of each of the two forms of
notice, with its effective date of December 2, 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 THIS 21st day of NOVEMBER
DeShaw, City ecre ary
APPROVED AS TO FORM:
lectv,k)
Scott Bounds, City Attorney
, 1989.
THE CITY OF HUNTSVILLE
By: C °l9GiG
Jane onday, May