HomeMy WebLinkAbout2007-11-02 ORDINANCE NO. 2007-11-2
• AN ORDINANCE TO CREATE A HISTORIC DISTRICT COMMISSION; CREATING
PROCEDURES FOR THE ESTABLISHMENT OF HISTORIC DISTRICTS;
REPEALING ALL ORINANCES IN CONFLICT HEREWITH; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Batesville wishes to create a historic district commission to
oversee the creation and operation of historic districts within the City of Batesville; and
WHEREAS, ACA § 14-172-201 et seq. sets out the procedures required to create
historic district commissions and historic districts.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS IN A REGULAR MEETING WITH A QUORUM
PRESENT THAT:
Section 1. Creation and Members
(A) There is hereby created the Batesville Historic District Commission pursuant to the authority
contained in ACA § 14-172-201 et seq, which provisions of said statutes are hereby adopted.
(B) The historic district commission shall consist of five (5) to nine (9) members appointed by
the Mayor with the advice and consent of the City Council. Members shall be electors of the
City of Batesville holding no salaried or elective municipal office and shall include at least
one (1) person who owns property within the proposed historic district. Members shall
demonstrate a positive interest in historic preservation, possessing interest or expertise in
architecture, history, urban or regional planning, building rehabilitation, real estate, or
preservation or conservation in general.
(C) Members shall be appointed for terms of three (3) years each and until their successors are
appointed and qualified. The appointment shall be arranged so that the term of at least one
(1) member shall expire each year. Vacancies shall be filled in the same manner for the
balance of the unexpired terms. Members shall serve without compensation.
Section 2. Officers, Meetings and Staff
The Commission shall elect a chairman and vice-chairman annually from its own members and
shall meet at least four times per year. The commission may adopt rules and regulations not
inconsistent with the provisions of this ordinance and state law. A simple majority of the
commission shall constitute a quorum for the transaction of business.
Section 3. Fiscal Procedures
The historic district commission is subject to all fiscal procedures of the city. The commission
may, subject to appropriation, employ clerical and technical assistance or consultants and may
• accept money, gifts or grants, and use the same for such purpose.
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Section 4. Duties Generally
• (A) The Commission may conduct studies for the identification and designation of historic
districts and sites. The Commission may proceed at its own initiative or upon a petition from
any person, group, or association. The Commission shall maintain records of all studies and
inventories for public use.
(B) The Commission may make recommendations to the State Historic Preservation Officer for
the listing of a historic district or site in the National Register of Historic Places.
(C) The Commission will cooperate with the Arkansas Historic Preservation Program (AHPP)
and the National Park Service (NPS) in the pursuance of Certified Local Government(CLG)
status and Preserve America community status for the City of Batesville.
(D) The Commission will serve as the official custodian of the City's history and will act as a
point of contact for the public and for state and federal agencies in all matters concerning
historic preservation within the City of Batesville.
Section 5. Duties Specifically
(A)The Commission shall make an investigation and report on the historic significance of the
buildings, structures, sites, or surroundings included in a proposed historic district and shall
transmit copies of its report to the Arkansas Historic Preservation Program (AHPP), a
division of the Department of Arkansas Heritage, or it's successor agencies, and to the
• Batesville Planning Commission for their consideration and recommendation. AHPP (or
applicable state agency) and the Planning Commission shall give their recommendations to
the Historic District Commission within sixty(60) days from the date of receipt of the report.
(1) Failure by these bodies to make recommendations within sixty(60) days after date of
receipt shall be taken as approval of the report of the Commission.
(2) Recommendations shall be read in full at the required public hearing to be held by the
Commission.
(B)The Commission shall hold a public hearing on the establishment of the proposed historic
district after giving notice of such hearing by publication in a newspaper of general
circulation in the city once a week for three (3) consecutive weeks, the first such publication
being at least twenty(20) days prior to the public hearing. Such notice shall include the time
and place of the hearing, specify the purpose and describe the boundaries of the proposed
historic district.
(C)The historic district commission shall submit a final report with its recommendations and a
draft of a proposed ordinance to the City Council within sixty (60) days after the public
hearing. The report shall contain the following:
(1) A complete description of the area or areas to be included in the historic district or
• districts. Any single historic district may embrace noncontiguous lands.
(2) A map showing the exact boundaries of the area or areas to be included within the
proposed district or districts.
(3) A proposed ordinance designed to implement the provisions of the Arkansas Historic
Districts Act [ACA §14-172-201 et seq.].
• (4) Such other maters as the commission may deem necessary and advisable, including a
statement of purpose and policy.
(D)The City Council, after reviewing the report of the commission, shall take one (1) of the
following steps:
(1)Accept the report of the commission and enact the proposed ordinance therein; or;
(2) Return the report to the commission, with such amendments and revisions thereto as
it may deem advisable, for consideration by the commission and a further report City
Council within ninety(90) days of such return; or;
(3) Reject the report of the commission, stating its reasons therefore, and discharge the
commission.
Section 7. Repealing Clause
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The provisions established by this ordinance are to be effective on this 27`" day of November,
2007.
Rick Elum ayor
Attest:
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Denise M. Johnston, City Orerk