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HomeMy WebLinkAboutPO 6829: AMENDMENT TO CHAPTER 14, ARTICLE XI (HISTORICAL LANDMARK COMMISSION) ., City of ,1; Commission (THC)will monitor the annual performance of each CLG to assure that the CLG is complying with obligations described in the Certification Agreement. Communities participating in the CLG program may take advantage of CLG grants,technical assistance, training opportunities, and the CLG network. Participating communities are responsible for remaining in good standing with the program by honoring a commitment to maintain a strong local preservation program. Currently,the term expiration date for the existing Commission members is August 15, 2020. The recommended amendment would take effect on August 1, 2020. At that time, Commission members would be appointed/reappointed in accordance with the proposed amendment(s). Budget Impact: None Recommendation: It is recommended that the City Council approve P.O. No 6829, amending Chapter 14,Article XI, Sections 14-351 and 14-353 of the Port Arthur Code of Ordinances, by revising the composition and functions of the City's Historical Landmark Commission. "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089•PORT ARTHUR, TEXAS 77641-1089 •409/983-8101 • FAX 409-982-6743 P.O.NO.6829 03/09/2020 PDL PAGE 1 OF 12 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XI (HISTORICAL LANDMARK COMMISSION), SECTIONS 14-351 AND 14-353 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, TEXAS WHEREAS, City Council approved Resolution No. 94-40, authorizing the filing of an application with the Texas Historical Commission for designation as a Certified Local Government (CLG); and, WHEREAS, City Council approved Ordinance No. 14-15, amending Article XI, Section 14-351(a) to include two (2) alternate positions and allow for an exception to the residency status of the licensed architect, in the event an architect could not be located in the City; and, WHEREAS, the CLG Program enables any local government—town, city, municipality or county — to develop and sustain a strong preservation ethic that influences zoning and permit decisions critical to preserving local historic resources by identifying local priorities, meeting recognized historic preservation standards and providing access to financial and technical services to further the identification, evaluation, designation and protection of buildings, sites, districts, structures, and objects; and, WHEREAS, the CLG program is administered through the Texas Historical Commission (THC) Community Heritage Development Division at the state level, and the National Park Service is the responsible federal agency; and, WHEREAS, upon certification in the CLG Program,the local government must establish an adequate and qualified historic preservation commission through a local ordinance and be composed of both professional and lay members, all of whom have demonstrated interest, knowledge, or training in historic preservation; and, WHEREAS, at least sixty percent (60%) of the commission membership shall be drawn from the preservation-related profession defined by the National Park Service; and, WHEREAS, Ordinance No. 90-63 created the Historical Landmark Commission; and, P.O.NO.6829 0310912020 PDL PAGE 2OF12 WHEREAS, Ordinance No. 98-67 amended Ordinance No. 90-63 as it pertained to its composition and the manner in which board members are appointed; and, WHEREAS, Section 14-351 currently states as follows: Sec. 14-351.—Created; membership. (a) There is created a historical landmark commission of the City, which shall consist of nine members and two alternates, all of whom shall be resident citizens and qualified voters of this City, with the exception of the licensed architect, in the event an architect cannot be located within the City. (b) Such members of the historical landmark commission shall serve without pay or compensation and shall be appointed by resolution, duly passed by a majority vote of the city council. The members shall be nominated by the corresponding numbered council person, with the ninth member being appointed by the mayor. (c) The Commission shall be composed of a least the following: (1) One member shall be a member of the city planning commission. (2) One member shall be a licensed architect. (3) One member shall be a licensed attorney. (4) One member shall be a member of the Port Arthur Historical Society. (5) One member shall be a member of the Jefferson County Historical Society. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of the City. (d) The term of office of such historical landmark commission members shall be for three years. ; and, WHEREAS, Section 14-353 currently states as follows: Sec. 14-351.— Functions. The historical landmark commission shall be empowered to: (1) Make recommendations to the city council for employment of staff and professional consultants as necessary to carry out the duties of the Commission. (2) Prepare rules and procedures as necessary to carry out the business of the Commission. P.O.NO.6829 0310912020 PDL PAGE 3 OF 12 (3) Recommend to the city council criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts. (4) Conduct surveys and maintain an inventory of significant historic, architectural and cultural landmarks, and all properties located in historic districts within the City. (5) Recommend the designation of resources as landmarks and historic districts. (6) Create committees from among its membership and delegate to these committee's responsibilities to carry out the purposes of this article. (7) Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques or markers. (8) Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs. (9) Make recommendations to the city council concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City. (10) Recommend specific design guidelines for the review of landmarks and districts. (11) Recommend the acquisition of a landmark structure by the city council where its preservation is essential to the purpose of this article and where private preservation is not feasible. (12) Recommend to the city council acceptance of the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation. ; and, WHEREAS, per Ordinance No. 14-15, the composition of the Commission consisted of nine (9) members and two (2) alternates, the City Council desires to amend Section 14-351(a) of Chapter 14, Article XI to reduce the number of members to seven (7) members, nominated by the corresponding numbered council person, with the seventh (7th) member being appointed by the mayor and be comprised of members as delineated in Exhibit"A"; and, WHEREAS, City Council desires to amend Chapter 14, Article XI, Section 14-353 to include additional functions to be authorized by the historical landmark commission, as delineated in Exhibit"B". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: P.O.NO.6829 03!09!2020 PDL PAGE 4 OF 12 Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Section 14.351(a) of Article XI be amended as delineated in Exhibit"A". Section 3. That Section 14-353 of Article XI be amended as delineated in Exhibit"B". Section 4. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 5. That the Ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of March A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia "Val" Tizeno, City Attorney P.O.NO.6829 0310912020 PDL PAGE 5 OF 12 APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager Pamela D. Langford, Director of Development Services P.O.NO.6829 0310912020 PDL PAGE 6 OF 12 EXHIBIT "A" Sec. 14-351. - Created; membership. (a) There is hereby created a commission to be known as the Historical Landmark Commission of the City, which shall consist of ninc seven (7) members and two (2) alternates, all of whom shall be resident citizens and qualified voters of this City, with the exception of the licensed architect, in the event an architect cannot be located within the City. (b) Such members of the Historical Landmark Commission shall serve without pay or compensation and shall be appointed by resolution, duly passed by a majority vote of the city council. The members shall be nominated by the corresponding numbered council person, with the i Ont# seventh (7th) member being appointed by the mayor. (c) The Commission shall be composed of a least the following: (1) One member shall be a member of the city planning commission. (2) One member shall be a licensed architect. (3) One member shall be a licensed attorney. (4) One member shall be a member of the Port Arthur Historical Society. (5) One member shall be a member of the Jefferson County Historical Society. (6) One member shall be a licensed real estate agent. (7) One member shall be an owner of a landmark or of a property in a historic district of the City. All commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge of the architectural, archaeological, cultural,social, economic, ethnic and political history of the City of Port Arthur. (d) Commission members shall be appointed by the city council for a term of two (2) years, with the exception that the initial term of four(4) members shall be appointed for the term of one (1) year commencing on August 1. All other members shall be appointed for two (2) years commencing on August 1. Thereafter, all members of the Commission shall be appointed by the city council for a term of two (2) years in accordance with this code. (e) No person who has served for six(6)consecutive years on the Commission shall be reappointed to the Commission unless two (2) years have elapsed during which time such person shall not have served on said Commission; provided, however, any member who shall have completed P.O.NO.6829 0310912020 PDL PAGE 7OF12 six (6) years' consecutive service prior to the expiration of his or her present term shall be permitted to continue to serve for the duration of such term, but shall not be eligible for reappointment to the Commission except upon the expiration of two (2) years thereafter. (f) City Council shall act within 60 days to fill a vacancy, including expired terms. Appointees are required to provide a resume clarifying qualifications to serve on Commission. (g) Appointees must complete the Open Government Training (Open Meetings Act and Public Information Act) within sixty (60) days of appointment. Failure to comply will result in automatic removal from the Commission. P.O.NO.6829 0310912020 PDL PAGE 8 OF 12 EXHIBIT "B" Sec. 14-351.— Functions. The historical landmark commission shall be empowered to: (1) Make recommendations to the city council for the employment of staff and professional consultants as necessary to carry out the duties of the Commission. (2) Prepare rules and procedures as necessary to carry out the business of the Commission. (3) Recommend to the city council criteria for the designation of historical, architectural, and cultural landmarks and the delineation of historic districts. (4) Conduct surveys and maintain an inventory of significant historical, architectural, and cultural landmarks, and all properties located in historic districts within the City. (5) Recommend the designation of resources as landmarks and historic districts. (6) Create committees from among its membership and delegate to these committee's responsibilities to carry out the purposes of this article. (7) Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers. (8) Increase public awareness of the value of historical, cultural, and architectural preservation by developing and participating in public education programs. (9) Make recommendations to the city council concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City. (10) Approve or disapprove of applications for certificates of appropriateness pursuant to this act. (11) Prepare and submit annually to the city council a report summarizing the work completed during the previous year. (12) Prepare specific design guidelines for the review of landmarks and districts. (13) Recommend specific design guidelines for the review of landmarks and districts. (14) Recommend the acquisition of a landmark structure by the city council where its preservation is essential to the purpose of this article and where private preservation is not feasible. (15) Recommend to the city council acceptance of the donation of preservation easements • and development rights as well as any other gift of value for the purpose of historic preservation. P.O.NO.6829 03/09/2020 PDL PAGE 9 OF 12 CLEAN VERSION P.O.NO.6829 03/09!2020 PDL PAGE 10 OF 12 Sec. 14-351. - Created; membership. (a) There is hereby created a commission to be known as the Historical Landmark Commission of the City, which shall consist of seven (7) members and two (2) alternates, all of whom shall be resident citizens and qualified voters of this City, with the exception of the licensed architect, in the event an architect cannot be located within the City. (b) Such members of the Historical Landmark Commission shall serve without pay or compensation and shall be appointed by resolution, duly passed by a majority vote of the city council. The members shall be nominated by the corresponding numbered council person, with the seventh (7th) member being appointed by the mayor. (c) The Commission shall be composed of a least the following: (1) One member shall be a member of the city planning commission. (2) One member shall be a licensed architect. (3) One member shall be a licensed attorney. (4) One member shall be a member of the Port Arthur Historical Society. (5) One member shall be a member of the Jefferson County Historical Society. (6) One member shall be a licensed real estate agent. (7) One member shall be an owner of a landmark or of a property in a historic district of the City. All commission members, regardless of background, shall have a known and demonstrated interest, competence,or knowledge of the architectural, archaeological, cultural,social,economic, ethnic and political history of the City of Port Arthur. (d) Commission members shall be appointed by the city council for a term of two (2) years, with the exception that the initial term of four(4) members shall be appointed for the term of one (1) year commencing on August 1. All other members shall be appointed for two (2) years commencing on August 1. Thereafter, all members of the Commission shall be appointed by the city council for a term of two (2) years in accordance with this code. (e) No person who has served for six(6)consecutive years on the Commission shall be reappointed to the Commission unless two (2) years have elapsed during which time such person shall not have served on said Commission; provided, however, any member who shall have completed six (6) years' consecutive service prior to the expiration of his or her present term shall be P.O.NO.6829 0310912020 PDL PAGE 11 OF 12 permitted to continue to serve for the duration of such term, but shall not be eligible for reappointment to the Commission except upon the expiration of two (2) years thereafter. (f) City Council shall act within 60 days to fill a vacancy, including expired terms. Appointees are required to provide a resume clarifying qualifications to serve on Commission. (g) Appointees must complete the Open Government Training (Open Meetings Act and Public Information Act) within sixty (60) days of appointment. Failure to comply will result in automatic removal from the Commission. P.O.NO.6829 03109/2020 PDL PAGE 12 OF 12 Sec. 14-351.— Functions. The historical landmark commission shall be empowered to: (1) Make recommendations to the city council for the employment of staff and professional consultants as necessary to carry out the duties of the Commission. (2) Prepare rules and procedures as necessary to carry out the business of the Commission. (3) Recommend to the city council criteria for the designation of historical, architectural, and cultural landmarks and the delineation of historic districts. (4) Conduct surveys and maintain an inventory of significant historical, architectural, and cultural landmarks, and all properties located in historic districts within the City. (5) Recommend the designation of resources as landmarks and historic districts. (6) Create committees from among its membership and delegate to these committee's responsibilities to carry out the purposes of this article. (7) Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers. (8) Increase public awareness of the value of historical, cultural, and architectural preservation by developing and participating in public education programs. (9) Make recommendations to the city council concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City. (10) Approve or disapprove of applications for certificates of appropriateness pursuant to this act. (11) Prepare and submit annually to the city council a report summarizing the work completed during the previous year. (12) Prepare specific design guidelines for the review of landmarks and districts. (13) Recommend specific design guidelines for the review of landmarks and districts. (14) Recommend the acquisition of a landmark structure by the city council where its preservation is essential to the purpose of this article and where private preservation is not feasible. (15) Recommend to the city council acceptance of the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation.