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HomeMy WebLinkAboutORD 17356 40 BILL NO. 20 ORDINANCE NO. 1735 AN ORDINANCE FOR THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, CREATING A NEW SECTION, TITLE II, CHAPTER 13, SECTION 1 THROUGH 7 IN REGARDS TO HISTORIC PRESERVATION COMMISSION: PROVIDING FOR THE ESTABLISHMENT OF THE HISTORIC PRESERVATION COMMISSION; PROVIDING FOR DEFINITION, PURPOSE, ORGANIZATION, DUTIES, RESTRICTIONS, AND SEPARABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the Municipal Code of the City of Caldwell be amended to add a new Chapter 13, Title II, Section 1 through 6 establishing a Historic Preservation Commission as follows: 2 -13 -1: PURPOSE The purpose of this ordinance is to promote the educational, cultural, economic and general welfare of the public of the City of Caldwell through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the City's, the State's and the Nation's historic, architectural, archaeological, and cultural heritage. 2 -13 -2: DEFINITIONS The following words and phrases when used in this Ordinance shall have, unless the context clearly indicates otherwise, the following meanings: City: The City of Caldwell. Commission: The Historical Preservation Commission of the City of Caldwell. Historic Property: Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this Community, the State, or the Nation. 2 -13 -3: HISTORIC PRESERVATION COMMISSION (1) There is hereby created a Historic Preservation Commission which shall consist of no more than nine members who shall be appointed by the - 1 - 0 0 Mayor with the advice and consent of the Council. (2) All members of the Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The Council shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. (3) Initial appointments to the Commission shall be made as follows: Three (3) one year terms; three (3) two year terms; three (3) three year terms. All subsequent appointments shall be made for three (3) year terms. Commission members may be reapponted to serve additional terms. Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2 -13 -4: ORGANIZATION, OFFICERS, RULES, MEETINGS: (1) The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Ordinance. Rules of procedure and bylaws adopted by the Commission shall be available for public inspection. (2) The Commission shall elect officers from among the Commission members. The Chairman shall preside at meetings of the Commission. The Vice Chairman shall, in the absence of the Chairman, perform the duties of the Chairman. (3) All meetings of the Commission shall be open to the public, and follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. (4) The commission may recommend to the Council, within the limits of its funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it seems necessary to carry on the functions of the Commission. 2 -13 -5: POWERS, DUTIES, AND RESPONSIBILITIES: The Commission shall be advisory to the Council and shall be authorized to: (1) Conduct a survey of local historic properties. (2) Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation. (3) Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City. (4) Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. (5) Contract, with the approval of the Council, with the State or Federal Government, or any agency of either, or with any other organization. (6) Cooperate with the Federal, State, and Local Governments in the pursuance of the objectives of historic preservation. (7) Make recommendations in the planning processes undertaken by the County, the State, or the Federal Government and the agencies of these entities. (8) Recommend ordinances and otherwise provide information for the purposes of historic preservation in the City. (9) Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. (10) Commission members, employees or agents of the Commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent of the owner or occupant hereof. (11) Review nominations of properties to the National Register of historic places for properties with the City's jurisdiction. SEE ATTACHED SHEET FOR 2 -13 -6 2 -13 -7: SEPARABILITY: - 3 - • If any section, subsection, sentence, clause or phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 2. This Ordinance shall be in full force and effect from and after its passaage, approval, and publication according to law. PASSED BY THE CITY COUNCIL of the City of Caldwell this 17th day of November , 1986. APPROVED BY THE MAYOR of the City of Caldwell this 17th day of November 1986. Mayor ATTEST: City Clerk - 4 - Add to Ordinan was left out of originaopy 2 -13 -6: SPECIAL RESTRICTIONS: Under the provisions of Idaho Code 67 -4612, the City of Caldwell may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties.