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O-82-1005 - 11/23/1982TEXAS ORDINANCE NO. /00,5 AN ORDINANCE AMENDING CHAPTER 11, SECTION 4, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS; ADDING TWO MEMBERS TO THE HISTORIC PRESERVATION COMMIS- SION; CHANGING THE SECRETARY OF THE COMMISSION TO THE DIRECTOR OF PLANNING; CHANGING THE MAXIMUM WAITING PERIOD FOR A HEARING BEFORE THE COMMISSION TO FOURTEEN (14) DAYS; CORRECTING A TYPOGRAPHICAL ERROR IN PARAGRAPH M; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDI- NANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, I. That Chapter II, Section 4.E. subsections (1) and (2), Code of Ordinances, City of Round Rock, are hereby amended to read as follows: (1) Creation of Commission There is hereby created a Historic Preservation Commission for historic districts and land- marks, hereinafter called the Commission, consisting of nine (9) members. The members thereof shall be appointed by the City Council. (2) Terms of Appointment The term of the first four (4) members appointed shall expire simultaneously with the expiration of the terms of the members of the City Council whose terms end in April, 1980. The term of the next three (3) members appointed shall expire simultaneously with the expiration of the terms of the members of the City Council whose terms expire in April, 1981. The term of the two (2) additional positions created as of December 1, 1982, shall expire simultaneously with the expiration of terms of the three (3) members whose terms expire in April, 1983. Thereafter, all members shall be appointed for terms of two (2) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Commission shall, at the discretion of the City Council, render any such member liable to immediate removal from office. II. That Chapter 11, Section 4.F., Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: F. SECRETARY OF COMMISSION The Director of Planning, or his representative shall act as Secretary of the Commission and shall attend and keep the minutes of all meetings. He shall act only in an advisory capacity and shall participate in its discussion but shall have no right to vote. III. That Chapter 11, Section 4.G., Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: G. MEETINGS The Commission shall meet at regular intervals with advance notice posted according to the Texas Open Meetings Law. Additionally, meetings may be called upon request of the Chairman, or upon written request of five (5) members, or upon notice from the Director of Planning that a matter requires the consideration of the Commis- sion. Upon the filing of an application for a building permit in a historic district, or historic landmark, the Commission shall hold a hearing within fourteen (14) days after the date of filing of such application. The commission shall take final action on the application within thirty (30) days of the filing of said application. If action thereon is not taken within thirty (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) days shall be issued by the Commission on demand. The applicant may withdraw the applica- tion before the thirty (30) day period expires and may resubmit it at a later time if "additional time is required for the preparation of information or for research required by the Commission. A majority of the members shall constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance. IV. That Chapter 11, Section 4.M., Code of Ordinances, City of Round Rock, Texas is hereby amended to read as follows: M. APPEAL FROM ACTION OF COMMISSION CONCERNING APPLICATIONS FOR PERMITS An applicant for permit dissatisfied with the action of the Commission relating to issuance or denial of a permit for the construction, recon- struction, alteration, restoration, relocation, demolition, or razing of a building in the historic district shall have the right of appeal to the City Council within fifteen (15) days after receipt of notification of such action. - 2 The applicant shall be advised by the City Secre- tary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining 'whether or not to certify to the appropriateness of the proposed construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any building within the historic district, the City Council shall consider the same factors as the Commis- sion set forth in Subsection J of this Section and the report of the Commission and any other matters presented at the hearing on the appeal. If the City Council disapproves the application by a majority of the members voting, it shall direct the Building Official not to issue such permit. Such disapproval may indicate what changes in the plans and specifications would meet the conditions for protecting the distinc- tive historical character of the district. V. That Chapter 11, Section 4, Code of Ordinances, City of Round Rock, is hereby amended by adding a Paragraph S., which Paragraph shall read as follows: S. EXEMPTIONS Ordinary repair or maintenance which does not involve changes in architectual and historic value style or general design, color, or appear- ance is exempt from the provision of this 'section. VI. A. This ordinance shall become effective as of December 1, 1982. VII. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. (Mark through the following alternative that is not appli- cable) Alternative 1. By motion duly made, seconded and passed with an affirma- tive vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. - 3 - ATTEST: READ, PASSED, and pp ADOPTED on first reading this day of /y12�/Z. , 19 OoC.. Alternative 2. READ and APPROVED on first reading this the day of , 19 READ, APPROVED and ADOPTED on second reading this the day of , 19 LA Y L. TON IV, Mayor City of Round Rock, Texas - 4 -