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ORDINANCE NO. (00 q_ {o— <br /> • AN ORDINANCE AMENDING ORDINANCE NUMBER 2009-4-2 <br /> CONCERNING THE DOWNTOWN HISTORIC DISTRICT ORDINANCE <br /> WHEREAS,Ordinance Number 2009-4-2 established the Downtown Historic <br /> District, and <br /> WHEREAS,the Historic District Commission has recommended certain changes <br /> be made to said Ordinance to further protect the property owners in the District. <br /> NOW,THEREFORE,BE IT ORDANIED BY THE CITY COUNCIL OF <br /> BATESVILLE,ARKANSAS: <br /> 1. SECTION 3 - COMMISSION POWERS, Sub-Paragraph (a) is hereby <br /> amended to read as follows: <br /> (a) adopt and amend design review guidelines to be used when <br /> considering Certificate of Appropriateness applications, such actions <br /> always following a public hearing. Once the Commission has <br /> formally adopted the initial set of guidelines it shall not have <br /> the authority to change or amend the guidelines except with a majority <br /> of the signatures of the total number of property owners within the <br /> Historic District consenting to any proposed changes. These <br /> • guidelines will be based upon the Secretary of Interior's Standards for <br /> Rehabilitation and adapted specifically to Batesville. <br /> SEVERABILITY: If any provision, including any exception,part,phrase, or <br /> term, or the application thereof to any person or circumstance(s) is held invalid, the <br /> application to other persons or circumstances shall not be affected thereby, and the validity <br /> of this ordinance in any and all respects shall not be affected thereby. <br /> EMERGENCY CLAUSE: In consideration of the public interest to be preserved, <br /> an emergency is hereby declared to exist and this Ordinance being necessary for the <br /> immediate preservation of the public peace,health and safety, shall be in full force and <br /> effect immediately from and after the date of its passage. <br /> IT IS SO ORDAINED. <br /> PASSED on this ' I day of 2009. <br /> ATTEST: APPROVED: <br /> Denise M. Johnston, Cit Jerk Rick Elumba , <br /> APPROVED AS TO LEGAL FORM: <br /> Scott Stalker, City Attorney <br />