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HomeMy WebLinkAboutO-1797I I. I ORDINANCE NO . 1121 212112s m BALDWIN COUNTY , ALABAMA HARRY D'OLIVE , JR . PROBATE JUDGE Filed/cert. 06/04/2024 01 :36 PM TOTAL S25 .00 5 Pages AN ORDI NA NCE T O ESTA BLI SH A HI STORJC PR ESE RV AT ION C OMM ISS IO N IN TH E C ITY OF FAIRHOP E AND FOR OT H ER PURPO SES. BE IT ORDA INE D B Y T HE C IT Y COUNC IL OF T H E C IT Y OF FA IRH OPE: Secti o n I: Purp ose A. In 198 9, th e St ate of Al abam a e nacted legis lati on auth ori zin g all muni cip aliti es to adopt ordin ances to establ ish hi stori c deve lopmen t commi ssions, and to prom ote edu catio na l, cultura l, eco nomi c and genera l welfare o f Alaba ma mun icipalit ies throu gh preserva t ion and protecti on o f hi sto ric resources . (A laba ma Code§§ I 1-68-1 thro ugh 11-68-15). B. Alaba ma Code § 11-68 -14 ad di t iona ll y authorizes th e C it y to gra nt the Commi ss ion ad ditiona l powers set fo rth in A laba ma Code Ti t le I I C hap ter 68 . C . In su pport and furth erance of its findi ngs and determin ati on th at th e hi storica l, cultural , and aesth etic herit age o ft he C ity o f Fai rh ope is amo ng its mos t va lu ed a nd imp ortant assets and that th e preserva t io n o f th is herit age is essent ial to th e prom oti on of th e hea lth , prosperit y, an d general welfa re o f th e peop le ; D. In ord e r to sti mu la te rev ita liza t io n o f th e bu siness d istrict and hi stori c neighborh oods and to protect and enh ance loca l histori ca l and aesth etic att racti ons to touri sts and the reby pro mote and stim u late bu sin ess; E. In order to en hance th e opport uniti es fo r federa l or st ate tax benefi ts unde r re leva nt prov isio ns o f fe dera l or state law; F. In ord er to parti c ip ate in federa l or state programs to pro m ote the pro tecti on, preservati on, and re hab ilitati on of hi stori c propert ies; G . The C it y Counc il o f th e C it y o f Fa irh ope hereby decl ares it to be th e purpose and int ent o f thi s Ordin ance to establi sh a Hi storic Preserva ti on Commi ss ion in th e C it y of Fa ir hope in accordance w ith th e provis ions o f th e O rdi nance. NOW, TH ER EFO RE, in consi derat io n o f th ese fin d ings, the Cou nc il hereby ado pt s thi s O rd inance as fo ll ows . Section II : Creation of a Hi stori c Prese rv a ti o n Co mm iss ion A. C reati on of th e Commi ssion 1. Th ere is hereby creat ed a Comm iss ion w hose ti tl e shall be "C it y of Fai rh ope Hi stori c Preservat ion Com mi ss ion " (hereina ft er "Comm ission") purs uant to §§ 11-68-1 th ro ugh 11 -68-15 of th eCodeofA /aba ma(l 975). 2 . T he Comm ission sha ll consti tute a non-profit governm ental agency whose fund s shall be used ex cl usive ly fo r pu bli c purposes as prov ided here in . B . Commi ss ion Members: Number. Appoi ntment . Terms, Comp ensati on..J\lli! Rul es and Stand ards I . T he Com m iss ion sha ll b e composed of not less th an seven (7) mem bers, w ho sha ll have demons trat ed tra ining or experience i n th e fie lds of hi story, archit ecture, architectu ral his tory , urban p lanni ng, archaeo logy, law, or rela ted fi elds , or who sha ll have de monstrated an in terest in his toric preser va tion wi th traini ng in his toric preserva ti on . Members of th e Ordinance No. 1797 Page -2- \ Commi ssion shall be bona fide residents o f th e territori al jurisdiction of th e City of Fairhope. No t more than one of th e members of the Co mmi ss ion shall be a public o fficial , and such public official shall meet th e expe rien ce and resi dency requirements set forth hereinabove . 2. Memb ers of the Commi ss ion sha ll be nomin ate d by th e Mayor and appointed by th e City Co un c il. Nomination and appo intm en t o f members of th e Co mmi ssion shall be made to ens ure th at the Commi ss ion will be composed o f perso ns havi ng as mu ch of th e train ing and experience spe ci fied in secti on (I) as possible . 3 . Except for the ori ginal members of the Commi ss ion, members o f the Commi ssion shall se rve three year term s and shall be appointed in such a manner so as to se rve overlapping term s . Two of th e original members of the Commission shall be appointed to serve a one yea r term , two of the original members o f the Commission shall be appointed to serve a two yea r term, and the remaind\,_r of the original members of the Commi ss io n shall be appointed to serve a three year term . Members of the Commi ssion ma y be re appoin ted . 4. Members of the Co mmi ssion shall serve without compensation but may be reimbursed for expenses incurred on be half of the Commission in accordance with the rule s and regulations fo r the reimbursement of expenses adopted by the Commi ss ion and allowed b y law . 5 . Any vacancy occurring on the Co mmission other th an by expiration o f term shall be filled for the un expired term o f such member by th e procedures set forth in section 2 above. 6. Conflict o f Intere st. No member shall vote , present , di scuss or participate in any matter in which the member has a Conflict o f Interest or in which the mem ber or an y family member ha s any finan cia l gain or interest. 7 . Members of the Commission ma y be rem oved for cause by the City Coun cil , which shall be establi shed in the sole di scretion of the City Co un c il. 8 . Members o f th e Commission shall elect a chairm an and a vice chainn an and such oth er o fficers as th e Commi ssion deems necessary . The Co mmission shall adopt rule s of procedure and bylaws to govern it s operations and shall provid e a copy o f those rule s of procedure and byl aws to t he C it y Co uncil. The rules of procedure and bylaws of the Commi ss ion shall speci fy what number of members o f the Commission constitutes a qu oru m . The Commi ss ion 's rul es of procedure and byl aws ma y be amended from time to time by the Commis sion . C . Commi ss io n Meet ings, Minutes an d Pub lic Particip ation I . All meet ings of th e Com mi ssion must be publicly announced and be open to the public. Commi ss ion meetin gs must occur at regular intervals . Written noti ce mu st be pro vided prior to a ll meetings , including any specia l meetings , in accordance with Alaba ma law , and th e Commission shall furnish a copy of its meetin g schedul e to the C it y C lerk, Mayor, and Co mmi ssion Members and post such notices on th e City 's web page. The Commi ssio n shall meet by public meeti ng at leas t four ( 4) times per year. 2. Minutes o f all decisions and actions of the Comm iss ion in cludin g th e reasons for mak in g these de c ision s must be subm itt ed to th e City Clerk and ava il abl e for pu bli c inspection . 3. All deci sions of the Comm ission shall be made in a publi c forum . 4 . The rules of procedure and by laws adopted by th e Commission must be Ordi nance No . 1797 Page -3- avai lable for public inspection and constitute a public record th at shal l be furnished to the City C lerk. D . Statement of the Commiss ion's Power E. F. 1. The Commission sha ll be authorized with the powers and duties as set fo rth in this Ordinance and described in A labama Code § 11 -68-5 , including but not limited to : a . Prepare a survey of a ll property within the City lim it s of Fairhope th at id entifies properties with historic or cul tural significance in accordance with standards established by the Alabama Hi storical Commission; b . Prom ote acquisition of fm;ade and conservati on easement s by the Ci ty or by the Commission; c . Develop and conduct educational programs on the benefit of historic projects and historic preservation subjects; d. Make recommendations for potential acquisition of historic properties to the City of Fairhope ; e . Make such investigations and studies of matters relating to hi storic preservation as th e Ci ty deems necessary and appropriate; f. Seek ou t local , state, federal and private funds for historic preservation, and make recommendations to the City Council concerning the most appropr iate use of any funds acquired ; g. Review and make comments to the Alabama Hi storical Commission concerning th e nomination of properties within its jurisdiction to the National Register o f Historic Places; h. Investigate, survey and process nominations of properties to th e National Register of Hi storic Places; 1. Investigate, survey and process applications for certifi cation of historic properties for tax credits for preservation expenditures; and j . Parti cipate in private, state and federal historic preservation programs and enter into agreement s with same to perform historic preservation related functions as authorized by Ci ty Council. Annual Reports of the Commission's Activities I. The Commission shall prepare and file with the City Council and with the Alabama Historical Commission, an annual report of its activities as required by the City Council and the Alabama Hi storical Commiss ion . The annua l report shall cover the period from October 1st to September 30th and shall be submitted in October of each year. The report shall include such items as the details of educationa l and outreach programs of the Commission , revised re sumes of Commission Members/staff, appoin tm en ts to the Commission, and all minutes relating to the review of National Register nominat ions . The report shall document attendance at the orien tation and training sessions of Commission Members . Records of Commission Me tin~ I . A public record shall be kept of the Commi ssion's resolutions, proceedings and actions . Ordinance No. 17 97 Page -4 - G. Res onsi bilities of Commi ssion Members I . Eac h Com m ission Me mb er and anyone servi ng the Co mmi ss ion in a tec hni ca l/pro fess iona l sta ff ca pac ity are encouraged to att end in fo rma ti ona l or edu ca ti ona l meetin gs eac h yea r pert ain ing to hi stori c preserva ti on. Su ch meetings may in clude th ose sponsored by th e Alaba ma Hi stori ca l Com miss ion, the Na ti onal Tru st for Hi stori c Preserva tion , or a loca l prese rvati on organiza ti on . H. Li aison Between th e Co mm iss ion and th e State His tori c Preservation O ffi ce (Ala bama Hi storic a l Co mm iss ion) I . Shou ld th e C ity Coun cil elect to beco me a Certifi ed Loca l Gove nunent ("CLG"), th e C it y Council shall designate an emp loyee of th e C it y or a perso n wo rkin g und er contract as a so urce o f techni ca l, adm inist rati ve, or profess ional ass istance to be res pon sibl e fo r th e operatio n s o f th e Co mm iss ion purs uant to th e require ment s of cert ificati on fo r parti cipati on in th e Cert ified Loca l Govenunent Pro gram. At least one member o f th e Commi ss ion and/or th e perso n servi ng as th e Commi ss ion's li aison will att end th e Alaba ma Cert i fi ed Loca l Governm ent ori entatio n train ing sess ion sponsored by th e Alabam a His tori cal Commi ss ion ea ch year . Secti on III : Se parate Pro cess for Des ignati on o f Hi stori c D istri cts and Hi stori c Pro1>erti es A. Upon reco mm endatio n by th e Commi ss ion , and in th e event th e C ity Counci l des ires to crea te a process to des igna te hi storic propert ies and h istori c districts with in th e C ity limi ts and esta bli sh requiremen ts fo r a Certifi cate o f Appropri ateness procedu re pursuan t to Alabama Co de§§ 11-68-6 th ro ugh 11 -68-9, a separa te ordin ance by C ity Counc il mu st be enacted in accordance w ith Alabama law, in c luding all appli ca ble pu b li c noti ce and pu b li c hea ri ng requirem ent s, to establi sh th e proced ure for designat ion o f his toric p roperties an d hi stori c di stri cts. Section JV : Scvcrability A . In the even t that any secti on , s ubsecti on, sentence, c lause or ph rase of thi s Ordinance shall be decl ared or adjudged in va lid or uncon stituti ona l, such adjudication sha ll in no mann er affect th e oth er sec ti ons , sentences, c lauses or p hrases of this Ordin ance, whi ch shall remai n in full fo rce and effect, as if the secti on, s ub secti on, sentence, c la use or p hrase so dec lared or adj ud ged in va lid or unco nsti tutiona l were not ori gi nall y a part th ereo f. Sec ti on V : Definiti o ns A . "Cert i fi ed Loca l Govenunent" (CLG) -means a local gove nune nt certified by th e Na ti ona l Park Serv ice a nd th e Alaba ma Hi storica l Comm iss ion to parti c ip ate in the fe deral Hi stori c Preservation Program an d be eli gib le to receive federal technica l ass istance and fund in g fo r preserva ti on acti viti es . B . "C ity " -mea n s th e Ci ty of Fa irh o pe, an Ala bam a m un ici pal corpo rati on . C. "Ci ty Co un ci l" means th e elected members o f th e City Counci l of Fa irhope, Alabama . D . "Com mi ss ion " -mean s th e Ci ty o f Fa irho pe Hi storic Preserva ti on Commission as es tablished pursuant to thi s Ordi na nce . E. "Commissioner" or "Comm ission Mem ber" -means a person appoi nt ed to th e Comm ission p urs uant to thi s O rd in ance. F . "Con fl ict of Interest" means a confl ict on the part o f a Com m issioner between h is .!: Li ::J iH 3 ~ ci: C: _u.; 0 a f I fJ I Ordinance No . J 797 Page -5 - or her private interest and the responsibilities imposed by this Ordinance. A Conflict of Interest involves any action, inaction , or deci sion by a Commissioner or in the di sc harge of his or her duties which would materially affect his or her financial interest o r those of his or her immediate family members or any business with which the person is assoc iated . G . "Mayor" -mean s the Mayor of th e Ci ty ofrairhope. ffective Date This Ordinance shall become effective on May 13. 2024 . THEREFORE, BE IT RESOLVED , that the City Counc il does hereby ordain , resolve, and enact the foregoing Historic Preservation Commission Ordinance for the City o.!J:airhope- APPROVED AND ADOPTED S 11 Corey Martin , Council President Attest: APPROVED /\ND ADOPTED THIS 13TH DAY OF MAY. 2024