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HomeMy WebLinkAboutItem 15 - HL22-06 ORDINANCE NO. 2024-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, RESCINDING ORDINANCE NO. 2022-089 A HISTORIC LANDMARK SUBDISTRICT HL22- 06; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, City Council adopted Ordinance No. 2022-089 on December 20, 2022 designating Historic Landmark Subdistrict HL22-066 providing for the adoption of the 201 Ball Street Historic District Preservation Criteria; and WHEREAS, Historic Landmark Subdistrict HL22-066 allowed for the relocation of the Bushong Cabin to 201 South Ball Street as part of the Grapevine Botanical Garden property; and WHEREAS, the Bushong Cabin is being located to a different parcel of land within the City making it necessary to reflect this change on the official zoning map; and WHEREAS, with the passage of this ordinance, the City Council repeals, rescinds, and cancels Ordinance No. 2022-089 and the 201 Ball Street Historic District Preservation Guidelines associated with the Bushong Cabin as this address; and WHEREAS, the City Council finds that there is a public necessity for the enactment of this ordinance and that its adoption is in the best interests of the health, safety, and welfare of the public; and, WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Ordinance No. 2022-089 is hereby repealed, rescinded, and canceled and shall of no further force or effect. Upon passage of this ordinance, the Historic Landmark Subdistrict HL22-06 within 201 Ball Street as depicted on the official zoning map is hereby rescinded, and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the location shown in Exhibit ā€œCā€ is fully rescinded. Section 3. The official zoning map of the City of Grapevine shall be updated to reflect the rescission of the Historic Landmark Subdistrict HL22-06 and the removal of Bushong Cabin from said subdistrict. Section 4. This ordinance shall take effect immediately upon passage and publication in accordance with applicable law. Section 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 7. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 8. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of June, 2024. APPROVED: ________________________________ William D. Tate Mayor Ordinance No. 2024-053 2 HL22-06 Rescission ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2024-053 3 HL22-06 Rescission