The city council hereby declares
that the purpose of this division is to preserve, protect and enhance
areas of historical or cultural significance, including sites, structures,
and landmarks within the city and its extraterritorial jurisdiction
in order to promote the economic, cultural, educational and general
welfare of the public. Where there is a conflict between any provision
of this division and any provision of the Unified Development Code,
the Unified Development Code shall control.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
For the purposes of this division,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning:
Features that define the design of a building or property,
which may include, but are not limited to, porches, railings, columns,
shutters, fences, sidewalks, driveways, garages, outbuildings, arbors,
ponds and pools.
A certificate issued by the historic preservation commission
pursuant to this division and/or the city’s Unified Development
Code. The term includes a certificate of historic design compliance.
The Buda Historic Preservation Commission.
A geographically defined area established pursuant to this
division and/or pursuant to the city’s Unified Development Code.
Any site designated as a landmark pursuant to this division
and/or the city’s Unified Development Code.
Features that include the architectural style, general design,
and general arrangement of the exterior of a building or structure,
including type and texture of materials, and types and styles of all
windows, doors, walls, roofs, light fixtures, signs, and significant
trees and other foliage.
An individual, group, corporation, political subdivision
or government agency.
Trees which measure 24 caliper inches four feet above the
ground, or those that are identified with historic personages or important
events in city, county, state or national history.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
(a)
This division creates the historic
preservation commission (“commission”) appointed by the
city council. The commission shall consist of seven (7) members who
shall reside either in the incorporated city limits or its extraterritorial
jurisdiction.
(b)
The members of the commission shall
serve two-year staggered terms, with four (4) members being appointed
in April of even-numbered years and three (3) members being appointed
in April of odd-numbered years.
(c)
On the initial commission, four (4)
of the members shall be appointed for one-year terms and three (3)
of the members shall be appointed for two-year terms. Thereafter,
all terms shall be two-year terms.
(d)
Unless otherwise required by state
law, all members serve at the pleasure of the city council and may
be removed at any time with or without cause.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
(a)
Unless otherwise determined by city
council, at least five (5) of the members of this commission shall
reside within the corporate limits of the city and no more than two
(2) members shall be residents of the city’s extraterritorial
jurisdiction. The city council shall consider individuals who show
an interest, competence or knowledge in the architectural, archeological,
cultural, social, economic, ethnic or political history and/or heritage
activities of the city. Moreover, the city council may allow for preferential
consideration of applicants residing along Old Black Colony Road from
Cole Springs to FM 1626.
(b)
If a city resident member of the
commission ceases to reside in the city and his or her relocation
reduces the number of city resident commission members below four
(4), that person shall give such notice of such fact and may be deemed
to have resigned from the commission as of the date his or her residence
changed, and the city council shall appoint a resident commission
member to fill the remainder of the resigning member’s term.
The temporary lack of four (4) resident members created by the vacancy
shall not impair the ability of the commission to perform its duties
nor the actions taken by the commission. If a resident commission
member moves to the city’s extraterritorial jurisdiction and
the relocation leaves at least four (4) resident members on the commission,
the relocated member shall continue to hold his or her place on the
commission. A quorum of the commission shall be required to open meetings,
conduct business and take action on any agenda items.
(c)
The city council may take into consideration
an applicant’s history on delinquency in payment of any city
taxes, utility bills, citations, municipal court judgments and assessments
and so forth in qualifying the applicant.
(d)
Notwithstanding any city ad hoc committees
or except where duplicate appointments are authorized by ordinance,
city charter or by state law, a person may not serve as a member of
the historic preservation commission if he or she is also serving
on the planning and zoning commission, economic development corporation
board of directors, or local government corporation.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
(a)
The commission shall have a chairperson
and a vice-chairperson elected from its membership to serve for a
one-year term. Officers shall be elected annually by the commission.
If the commission wishes to appoint an officer residing outside of
the city limits, then the commission must request city council approve
such appointment.
(b)
The chairperson shall preside over
the commission and shall have the right to vote on all items before
the commission. The vice-chairperson shall fulfill the duties of the
chairperson when the chairperson is not available for any reason.
(c)
The city manager or his or her designee
shall be an ex officio member of the commission.
(d)
The commission may establish rules
or bylaws as necessary for the orderly conduct of its business, subject
to approval by the city council.
(e)
The commission shall meet at least
monthly, if there is business at hand, at a time and place established
by the commission. Special meetings may be called by the chairperson
or interim chairperson of the commission, city manager or his or her
designee or upon the request of any three (3) commission members.
All meetings of the commission shall be open to the public and shall
conform with the Texas Open Meetings Act, section 551 of the Government
Code.
(f)
A quorum shall consist of a majority
of the members of the commission except that when a vacancy exists,
a quorum shall consist of a majority of the remaining members.
(g)
The commission shall keep a record,
which shall be reasonably available to the public, of its resolutions,
proceedings and actions.
(h)
A commission member shall be required
to complete any state-mandated training, to include but not limited
to Open Meetings Act training, within ninety (90) days after appointment.
Any training expenses incurred by the member may be eligible for reimbursement
by the city subject to the city’s travel and training policy.
(i)
A commission member having any potential conflict of interest, as defined by this code or state law, on any policy, decision, or determination before the commission shall disclose to each of the other members the nature of his potential conflict and shall abstain from voting on such policy, decision or determination. In the event that the commission member recognizes a conflict or clear potential for conflict of interest, he or she shall recuse him or herself from discussion and action on the topic involving such conflict. The disclosure shall be recorded in the commission’s minutes. Intentional or knowing failure to disclose a conflict of interest shall be governed under the general penalty section as set forth in section 1.01.009 of this code.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
The commission shall serve in an
advisory capacity to the mayor and city council and shall have the
following purposes and duties, as well as other duties as assigned
by the city council, as necessary to perform the business of the commission:
(1)
Advise the city council about uses
of funds available from private and/or public sources for the benefit
of local heritage and/or historic activities, projects or organizations
serving the city and its citizens, as allowed by law;
(2)
Review applications for certificates
of design compliance in accordance with the city’s Unified Development
Code;
(3)
Prepare rules and procedures of the
commission, subject to approval by the city council;
(4)
Adopt criteria for the designation
of historic, architectural, and cultural landmarks and properties
located in the city or historic districts therein, subject to city
council approval;
(5)
Conduct surveys and maintain an inventory
of significant historic, architectural and cultural landmarks and
properties located in the city or historic districts therein;
(6)
Recommend the designation of resources
as landmarks and historic districts;
(7)
Establish subcommittees from among
its members and delegate responsibilities to these subcommittees to
carry out the purposes of this division;
(8)
Develop and participate in public
education programs to promote public awareness of the value of historic
preservation in the city;
(9)
Recommend the acquisition of landmark
structures by the city where their preservation is essential to the
purpose of this division but private preservation is not feasible;
(10)
Accept on behalf of the city the
donation of preservation easements, development rights, and other
gifts of value for the purpose of historic preservation, subject to
approval by the city council;
(11)
Recommend to the city council tax
abatement programs for historic landmarks or districts;
(12)
Prepare design guidelines for the
review of historic landmarks and districts, subject to approval by
the city council;
(13)
Provide for the design of signs and/or
markers designating properties and historic landmarks or districts,
subject to the approval of the city council;
(14)
Recommend amendments to this division,
to the city council as the commission deems necessary to effectuate
the purposes of this division;
(15)
Conduct studies regarding the protection,
enhancement, restoration, perpetuation or use of local historic landmarks
and historic districts, and submit reports and recommendations to
the city council or other city agencies based on the studies; and
(16)
At the request of the city council,
prepare and submit an annual report to the city council summarizing
the work of the commission performed during the previous year.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
The city council shall appoint the
city manager or his or her designee to serve as the historic preservation
officer. This officer shall administer this division and advise the
commission on matters submitted to it. The officer also is responsible
for coordinating the city’s historic preservation activities
with those of county, state and federal agencies and non-profit organizations.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
