2013-313sAlegal\ our documents ordinances \Mnunc pro tunc.doc
ORDINANCE NO. 2013 -313
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2004-233 RELATING TO THE AUTHORITY
OF THE HISTORIC LANDMARK COMMISSION, SPECIFICALLY ITS ADOPTION OF
SECTION 35.7.6.101) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION THEREOF;
PROVIDING FOR SEVERABILITY, SAVINGS AND SUPERSEDURE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 17, 2004, by Ordinance No. 2004 -233, the City Council approved the
adoption of Section 35.7.6.1Od of the Denton Development Code; and
WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2004 -233
specifically Section 35.7.6.1OD, as the ordinance failed to conform to the information provided to
City Council at the meeting when the ordinance was approved; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect the truth of what was actually approved by the City Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 2004 -233 is hereby amended to the limited extent necessary to
correct an inadvertent mistake in the establishment of Section 35.7.6.101) of the Denton
Development Code, and as corrected, said Section 35.7.6.1OD shall instead read as follows:
3 5.7.6. 101). Procedures for obtaining permits pending designation as historic landmark.
Notwithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a
national register district except as authorized by this subsection. The building official shall
notify the landmark commission immediately of any application requesting a building permit,
removal permit or demolition permit for a structure located in a national register district. No
such permit shall be issued by the building official before the landmark commission has
made a recommendation or scheduled the structure on its agenda or before the expiration of
forty (40) calendar days, whichever is sooner. If a structure is made an agenda item it shall
be scheduled for a public hearing as soon as adjacent property owners are notified. For
purposes of this subsection, "national register district" is defined as a designated area
possessing a significant concentration, linkage or continuity of sites, building structures or
sAlegal \our documents \ordinances \13 \nunc pro tunc.doc
objects which are separated geographically but are linked by association or history, provided
that no area may be considered a national register district for purposes of this subsection
unless it has been designated in the Federal Register pursuant to the National Preservation
Act of 1966, as amended, prior to the effective date of the ordinance from which this section
is derived and until maps depicting such area are made available for inspection by the public
in the office of the building inspection department. Notwithstanding any provision hereof,
this section shall not apply to geographical areas designated as historic districts under the
provision of this article.
SECTION 3. All provisions of Ordinance No. 2004 -233 and the Denton Development Code
not specifically amended herein shall continue in force and effect; however, the provisions of this
ordinance shall govern and control over any conflicting provisions of Ordinance No. 2004 -233, to
the extent of any such conflict.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage and approval.
PASSED AND APPROVED this the &l day of _, 2011
MARK U'AYOR
A. BURRO UGI [
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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