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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 iāœ“ dv ā€ž APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY PAGE 2