HomeMy Public PortalAboutOrd. 511 Creation of a Historic Preservation Commissionr `i
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ORDINANCE NO. sry/
AN ORDINANCE RELATING TO HISTORIC PRFSERVATION;
RECITING STATUTORY AUTHORITY AND MAKING CERTAIN
FINDINGS; AMENDING CHAPTER VIII OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW
CHAPTER 11, TITLE VIII OF THE VILLAGE CODE OF
McCALL, IDAHO, TO PROVIDE A STATEMENT OF PURPOSE,
PROVIDING DEFINITIONS, PROVIDING FOR THE CREATION
OF A HISTORIC PRESERVATION COMMISSION, PROVIDING
FOR THE APPOINTMENT, NUMBER AND QUALIFICATION OF
MEMBERS, TERMS OF OFFICE AND CONDITION FOR PAY -
OF EXPENSES OF MEMBERS, PROVIDING FOR THE ORGAN-
INATION AND ELECTION OF OFFICERS, ADOPTION OF RULES
AND REGULATIONS FOR THE CONDUCT OF MEETINGS AND FOR
RECOMMENDATIONS TO THE COUNCIL FOR EMPLOYMENT OF
STAFF, PROVIDING FOR THE POWERS, DUTIES AND RESPON-
SIBILITIES OF COMMISSION MEMBERS, PROVIDING FOR
SPECIAL RESTRICTIONS TO PROTECT HISTORIC PROPERTIES,
PROVIDING FOR SEPARABILITY AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, Chapter 46 of Title 67 of. the Idaho Code empowers
cities to make provisions for the identification and preserva-
tion of historic sites; and,
WHEREAS, the City Council of the City of McCall, Idaho,
deems it in the best interest of the community to establish a
historic preservation ordinance.
NOW, THEREFORE, Be it ordained by the Mayor and Council
of the City of McCall, Idaho, as follows:
Section 1. That Title VIII of the Village Code of McCall,
Idaho, be, and the same is hereby amended by the addition
thereto of a NEW CHAPTER to be known and designated as Chapter
11, Title VIII of the Village Code of McCall, Idaho, and to
read as follows:
SECTION I: PURPOSE:
The purpose of this ordinance is to promote the educational,
cultural, economic and general welfare of the public of the
City of McCall, Idaho, through the identification, evaluation,
designation, and protection of those buildings, sites, areas,
structures, and objects which reflect significant elements of
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the city's, the State's, and the Nation's historic, archi-
tectural, archaeological, and cultural heritage.
SECTION II: 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 McCall, Idaho.
Commission. The Historic Preservation Commission of the
City of McCall, Idaho.
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.
Historic preservation. The research, documentation,
protection, restoration and rehabilitation of buildings,
structures, objects, districts, areas, and sites significant
in the history, architecture, archaeology or culture of this
state, its communities or the nation.
SECTION III: HISTORIC PRESERVATION COMMISSION:
(1) There is hereby created a Historic Preservation
Commission which shall consist of five members who shall be
appointed by the 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 preser-
vation. 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: One (1) one-year term; two (2) two-year terms;
two (2) three-year terms. All subsequent appointments
be made for three (3) three-year terms. Commission members
may be reappointed to serve additional terms. Vacancies shall
"
b e f i l l e d i n t h e s a m e m a n n e r a s o r i g i n a l a p p o i n t m e n t s a n d
t h e a p p o i n t e e s h a l l s e r v e f o r t h e r e m a i n d e r o f t h e u n e x p i r e d
t e r m .
( 4 ) T h e m e m b e r s o f t h e C o m m i s s i o n s h a l l n o t b e r e i m b u r s e d
b y t h e c i t y f o r e x p e n s e s i n c u r r e d i n c o n n e c t i o n w i t h t h e i r d u t i e s
u n l e s s p r i o r w r i t t e n a u t h o r i t y t h e r e f o r h a s b e e n o b t a i n e d f r o m
t h e c i t y .
S E C T I O N I V : O R G A N I Z A T I O N , O F F I C E R S , R U L E S , M E E T I N G S :
( 1 ) T h e C o m m i s s i o n s h a l l h a v e t h e p o w e r t o m a k e w h a t e v e r
r u l e s a r e n e c e s s a r y f o r t h e e x e c u t i o n o f i t s d u t i e s a s s e t
f o r t h i n t h i s O r d i n a n c e . R u l e s o f p r o c e d u r e a n d b y l a w s a d o p t e d
b y t h e C o m m i s s i o n s h a l l b e a v a i l a b l e f o r p u b l i c i n s p e c t i o n .
( 2 ) T h e C o m m i s s i o n s h a l l e l e c t o f f i c e r s f r o m a m o n g t h e
C o m m i s s i o n m e m b e r s . T h e c h a i r m a n s h a l l p r e s i d e a t m e e t i n g s o f
t h e C o m m i s s i o n . T h e v i c e c h a i r m a n s h a l l , i n t h e a b s e n c e o f t h e
c h a i r m a n , p e r f o r m t h e d u t i e s o f t h e c h a i r m a n .
( 3 ) A 1 1 m e e t i n g s o f t h e C o m m i s s i o n s h a l l b e o p e n t o t h e
p u b l i c , a n d f o l l o w t h e r e q u i r e m e n t s o f I d a h o ' s o p e n m e e t i n g
l a w s . T h e C o m m i s s i o n s h a l l k e e p m i n u t e s a n d o t h e r a p p r o p r i a t e
w r i t t e n r e c o r d s o f i t s r e s o l u t i o n s , p r o c e e d i n g s , a n d a c t i o n s .
( 4 ) T h e C o m m i s s i o n m a y r e c o m m e n d t o t h e C o u n c i l , w i t h i n
t h e l i m i t s o f i t s f u n d i n g , t h e e m p l o y m e n t o f o r t h e c o n t r a c t i n g
w i t h o t h e r p a r t i e s f o r t h e s e r v i c e s o f t e c h n i c a l e x p e r t s o r
o t h e r p e r s o n s a s i t d e e m s n e c e s s a r y t o c a r r y o n t h e f u n c t i o n s
o f t h e C o m m i s s i o n .
S E C T I O N V : P O W E R S , D U T I E S , A N D R E S P O N S I B I L I T I E S :
T h e C o m m i s s i o n s h a l l b e a d v i s o r y t o t h e C o u n c i l a n d s h a l l
b e a u t h o r i z e d t o :
( 1 ) C o n d u c t a s u r v e y o f l o c a l h i s t o r i c P r o p e r t i e s .
( 2 ) R e c o m m e n d t h e a c q u i s i t i o n o f f e e a n d l e s s e r i n t e r e s t s
i n h i s t o r i c p r o p e r t i e s , i n c l u d i n g a d j a c e n t o r a s s o c i a t e d l a n d s ,
- 3 -
"
b y p u r c h a s e , b e q u e s t s , o r d o n a t i o n .
( 3 ) R e c o m m e n d m e t h o d s a n d p r o c e d u r e s n e c e s s a r y t o p r e s e r v e ,
r e s t o r e , m a i n t a i n a n d o p e r a t e h i s t o r i c p r o p e r t i e s u n d e r t h e
o w n e r s h i p o r c o n t r o l o f t h e c i t y .
( 4 ) R e c o m m e n d t h e l e a s e , s a l e , o t h e r t r a n s f e r o r d i s -
p o s i t i o n o f h i s t o r i c p r o p e r t i e s s u b j e c t t o t h e r i g h t s o f p u b l i c
a c c e s s a n d o t h e r c o v e n a n t s a n d i n a m a n n e r t h a t w i l l p r e s e r v e
t h e p r o p e r t y .
( 5 ) C o n t r a c t , w i t h t h e a p p r o v a l o f t h e C o u n c i l , w i t h t h e
s t a t e o r f e d e r a l g o v e r n m e n t , o r a n y a g e n c y o f e i t h e r , o r w i t h
a n y o t h e r o r g a n i z a t i o n .
( 6 ) C o o p e r a t e w i t h t h e f e d e r a l , s t a t e , a n d l o c a l g o v e r n -
m e n t s i n t h e p u r s u a n c e o f t h e o b j e c t i v e s o f h i s t o r i c p r e s e r v a t i o n .
( 7 ) M a k e r e c o m m e n d a t i o n s i n t h e p l a n n i n g p r o c e s s e s u n d e r -
t a k e n b y t h e c o u n t y , t h e c i t y , t h e s t a t e , o r t h e f e d e r a l g o v e r n -
m e n t a n d t h e a g e n c i e s o f t h e s e e n t i t i e s .
( 8 ) R e c o m m e n d o r d i n a n c e s a n d o t h e r w i s e p r o v i d e i n f o r m a t i o n
f o r t h e p u r p o s e s o f h i s t o r i c p r e s e r v a t i o n i n t h e c i t y .
( 9 ) P r o m o t e a n d c o n d u c t a n e d u c a t i o n a l a n d i n t e r p r e t i v e
p r o g r a m o n h i s t o r i c p r e s e r v a t i o n a n d h i s t o r i c p r o p e r t i e s i n
t h e c i t y .
( 1 0 ) C o r d m i s s i o n m e m b e r s , e m p l o y e e s o r a g e n t s o f t h e
C o m m i s s i o n m a y e n t e r p r i v a t e p r o p e r t y , b u i l d i n g s , o r s t r u c t u r e s
i n t h e p e r f o r m a n c e o f i t s o f f i c i a l d u t i e s o n l y w i t h t h e e x p r e s s
c o n s e n t o f t h e o w n e r o r o c c u p a n t t h e r e o f .
( 1 1 ) R e v i e w n o m i n a t i o n s o f p r o p e r t i e s t o t h e N a t i o n a l
R e g i s t e r o f H i s t o r i c P l a c e s f o r p r o p e r t i e s w i t h i n t h e c i t y ' s
j u r i s d i c t i o n .
S E C T I O N V I : S P E C I A L R E S T R I C T I O N S :
U n d e r t h e p r o v i s i o n s o f I d a h o C o d e 6 7 - 4 6 1 2 , t h e c i t y o f
M c C a l l , I d a h o , m a y p r o v i d e b y o r d i n a n c e s , s p e c i a l c o n d i t i o n s
o r r e s t r i c t i o n s f o r t h e p r o t e c t i o n , e n h a n c e m e n t a n d p r e s e r v a -
t i o n o f h i s t o r i c p r o p e r t i e s .
"
"
S E C T I O N V I I : S E P A R A B I L I T Y :
I f a n y s e c t i o n , s u b s e c t i o n , s e n t e n c e , c l a u s e o r p h r a s e o r
p o r t i o n o f t h i s O r d i n a n c e i s . f o r a n y r e a s o n h e l d i n v a l i d o r
u n c o n s t i t u t i o n a l b y a n y c o u r t o f c o m p e t e n t j u r i s d i c t i o n , s u c h
p o r t i o n s h a l l b e d e e m e d a s e p a r a t e , d i s t i n c t , a n d i n d e p e n d e n t
p r o v i s i o n , a n d s u c h h o l d i n g s h a l l n o t a f f e c t t h e v a l i d i t y o f
t h e r e m a i n i n g p o r t i o n s h e r e o f .
S E C T I O N V I I I : E F F E C T I V E D A T E :
T h i s O r d i n a n c e s h a l l b e i n f u l l f o r c e a n d e f f e c t f r o m a n d
a f t e r i t s p a s s a g e , a p p r o v a l a n d p u b l i c a t i o n a c c o r d i n g t o l a w .
o e t i v t 4
P A S S E D A N D A P P R O V E D t h i s 0 2 3 = - 4 4 a y o f , 1 9 8 7 .
A t t e s t :
PUBL_HER'S AFFIDAVIT OF Pt LICATIOP
STATE OF IDAHO
SS.
County of Valley
Tomi Grote, being duly sworn deposes and says, I am the book-
keeper of The Star -News, a weekly newspaper published at McCall,
in the County of Valley, State of Idaho; that said newspaper is in
general circulation in the county of aforesaid and is a legal newspaper;
that the Ordinance *51 1
a copy of which is attached hereto and made a part hereof, was
published in said newspaper once a week for i con-
secutive weeks in the regular and entire issue of every number
thereof during the period and time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of
such notice began,
April 29 19 87
and ended, April 29
, 19 87
Subscribed and sworn before me, this the
29 day of April s 87
STATE OF IDAHO, COUNTY OF VALLEY, ss .
29 87
On this day April 19
before me, a Notary Public in and for said State,
personally appeared Judy Brooks known to me
or identified to me to be the bookkeeper of
the corporation that executed the instrument
or the person(s) who executed the instrument
on behalf of said corporation, and acknowledged
to me that such corporation executed the same
Tom Grote
Notary Public
Residing at McCall. Idaho
ORDINANCE NO.511
AN ORDINANCE RELATING TO
HISTORIC PRESERVATION;
RECITING STATUTORY AUTHORI-
TY AND MAKING CERTAIN FIN-
DINGS; AMENDING CHAPTER VIII
OF THE VILLAGE CODE OF Mc -
CALL, IDAHO, BY THE ADDITION
OF A NEW CHAPTER 11, TITLE VIII
OF THE VILLAGE CODE OF Mc -
CALL, IDAHO, TO PROVIDE A
STATEMENT OF PURPOSE, PRO-
VIDING DEFINITIONS, PROVIDING
FOR THE CREATION OF A
HISTORIC PRESERVATION COM-
MISSION, PROVIDING FOR THE AP-
POINTMENT, NUMBER AND
QUALIFICATION OF MEMBERS,
TERMS OF OFFICE AND CONDITION
FOR PAY -OF EXPENSES OF
MEMBERS, PROVIDING FOR THE
ORGANIZATION AND ELECTION OF
OFFICERS, ADOPTION OF RULES
AND REGULATIONS FOR THE CON-
DUCT OF MEETINGS AND FOR
RECOMMENDATIONS TO THE I
COUNCIL FOR EMPLOYMENT OF
STAFF, PROVIDING FOR THE
POWERS, DUTIES AND RESPON-
SIBILITIES OF COMMISSION_
MEMBERS, PROVIDING FOR
SPECIAL RESTRICTIONS TO PRO-
TECT HISTORIC PROPERTIES, PRO-
VIDING FOR SEPARABILITY AND
PROVIDING AN EFFECTIVE DATE. di
WHEREAS, Chapter 46 of Title 67 of
the Idaho Code empowers cities to make
provisions for the identification and
preservation of historic sites; and,
WHEREAS, the City Council of the
City of McCall, Idaho, deems it in the
best interest of the community to establish
a historic preservation ordinance.
NOW, THEREFORE, Be it ordained
by the Mayor and Council of the City of
McCall, Idaho, as follows:
Section 1. That Title VIII of the Village
Code of McCall, Idaho, be, and the same
is hereby amended by the addition thereto
of a NEW CHAPTER to be known and
designated as Chapter 11, Title VIII of the
Village Code of McCall, Idaho, and to
read as follows:
SECTION I: PURPOSE:
The purpose of this ordinance is to pro-
mote the educational, cultural, economic
and general welfare of the public of. the
City of McCall, Idaho, through the iden-
tification, evaluation, designation, and
protection of those buildings, sites, areas,
structures, and objects which reflect
significant ele-nents of the city's, the
State's, and Nation's historic, architec-
tural, archaeological, and cultural
heritage.
SECTION II: 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 McCall, Idaho.
Commission. The Historic Preservation
Commission of the City of McCall,
Idaho.
Historic property. Any buildings struc-
ture, area or site that is significant in tit
history, architecture, archaeology
culture of this community, the state,
the nation.
Historic preservation. The research,
documentation, protection, restoration
and rehabilitation of buildings, struc-
tures, objects, districts, areas, and sites
significant in the history, architecture, ar-
chaeology or culture of this state, its com-
munities or the nation.
SECTION III: HISTORIC PRESER-
VATION COMMISSION:
(1) There is hereby created a Historic
Preservation Commission which shall
consist of five members who shall be ap-
pointed by the Mayor with the advice and
consent df the Council.
(2) All members of the Commission
shall have a demonstrated interest, com-
petence, or knowledge in history or
historic preservation. The Council shall
endeavor to appoint at least two (2)
members with professional training or ex-
perience in the disciplines of architecture,
history, architectural history, urban plan-
ning, archaeology, engineering, law or
other historic preservation related
disciplines.
(3) Initial appointments to the Commis-
sion shall be made as follows: One (1)
one-year term; two (2) two-year terms;
two (2) three-year terms. All subsequent
appointments shall be made for three (3)
three-year terms. Commission members
may be reappointed to serve additional
terms. Vacancies shall be filled in the
same manner as original appointments
and the appointee shall serve for the re-
mainder of the unexpired term.
.(4) The members of the Commission
shall not be reimbursed by the city for ex-
penses incurred in connection with their
duties unless prior written authority
therefor has been obtained from the city.
SECTION IV: ORGANIZATION, OF-
FICERS, 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 pro-
cedure and bylaws adopted by the Com-
mission shall be available for public in-
spection.
(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 fun-
ding, the employment of or the contrac-
ting with other parties for the services of
technical experts or other persons as it
deems necessary to carry on the functions
of the Commission.
SECTION V: 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 pro-
cedures necessary to preserve, restore,
maintain and operate historic properties
under the ownership or control of the ci-
ty.
(4) Recommend the lease, sale, other
transfer or disposition of historic proper-
ties subject to the 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 govern-
ment, 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 plan-
ning processes undertaken by the county,
the city, the state; or the federal govern-
ment and the agencies of these entities.
(8) Recommends ordinances and other-
ise provide information for the purposes
—f historic preservation in the city.
191 Prmmnte and enndnet an ednca-
tionat and interpretive program on
historic preservation and historic proper-
ties 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 thereof.
(1 I) Review nominations of properties
to the National Register of Historic Places
for properties within the city's jurisdic-
tion.
SECTION VI: SPECIAL
RESTRICITONS:
Under the provisions of Idaho Code
67-4612, the city of McCall, Idaho, may
provide by ordinances, special conditions
or restrictions for the protection,
enhancement and preservation of historic
properties.
SECTION VII: SEPARABILITY:
If any section, subsation, sentence,
clause or phrase or portion of this Or-
dinance is for any reason held invalid or
unconstitutional by any court of compe-
tent jurisdiction, such portion shall be
deemed a separate, distinct, and indepen-
dent provision, and such holding shall not
affect the validity of the remaining por-
tions hereof.
0 SECTION VIII: EFFECTIVE DATE:
This Ordinance shall be in full force
and effect from and after its passage, ap-
proval and publication according to law.
PASSED AND APPROVED this 23rd
day of April, 1987.
Clyce L. Archer Jr.
Mayor
Attest:
Arthur Schmidt
4-29-1t
n
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. S// is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on '23' 19 8, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand aid affixed the
off ic'I seal of the City of McCall, Idaho, this — day of
, 19g7.
(Seal of the City)
Arthur idt, City Clerk