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Ordinance 2013-17 .�� ORDINANCE NO. 2013-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CREATING A NEW DIVISION OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING A HISTORIC REVIEW COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie is renowned for its historic and cultural heritage; and WHEREAS, the Downtown Historic District is within definable geographic boundaries with properties or buildings that may or may not be landmarks but without doubt contribute to the overall historic character of Wylie, and is a valuable resource worthy of preservation; and WHEREAS, cultural and historic resources enhance the quality of life for individuals living in, working in, and visiting the City of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings Incorporated. The findings set forth in the ardinance from which this division is derived are incorporated into the body of this division as if fully set forth herein. SECTION 2. Definitions. For the purposes of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: (a) Commission when used herein shall mean the Historic Review Commission of the City of Wylie, Texas. � (b) Commission Member when used herein shall mean the members of the Historic Review Commission. (c) City when used herein shall mean the City of Wylie, Texas. (d) District when used herein shall mean the Historic District boundaries as set forth and amended by the Comprehensive Zoning Ordinance and Official Zoning Map. (e) Staff Lzaison when used herein shall mean the Planning Directar of the City of -� Wylie, Texas, or his designee. Grdinance No.2013-17 Establishing the Wylie Historic Review Commission Page 1 of 4 (� Substantial renovation means alterations to the exterior of existing buildings � that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; an increase in the floor area of the building greater than 10 percent; adding new exterior building materials that do not match the existing materials. SECTION 3. Establishment of the Historic Review Commission. There is hereby created and established within the city the Historic Review Commission for the purpose of, among other things, reviewing and recommending an action to the Planning and Zoning Commission and/or City Council for proposed new construction or substantial renovation, revisions to the ordinance, and to consider future amendments and long range goals of the Historic District or Landmarks. The Commission will act in an advisory capacity to the City Council. SECTION 4. Number of Members; Appointment; Terms. The Commission shall consist of seven members to be appointed by the City Council. The city council shall endeavor, to the extent reasonably available, to appoint at least four citizens at large and the remaining three from the following categories: Member(s) in good standing with the Downtown Merchants Association Member(s) in good standing with the Wylie Historic Society Historian Owner of or resident ar tenant in a landmark property Commission members shall be appointed by the City Council for a term of two years; provided, however, that the members of the first Commission to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. Each Commission member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. SECTION 5. Commission Member's Qualifications. Each Commission member shall be a qualified voter and shall not be an employee of the city. Each Commission member shall have any other qualification as the City Council deems necessary and appropriate. SECTION 6. Meetin�s. The Commission shall meet at least once each month at such time and place as shall be fixed by the Commission by its standing rules, which meetings shall be open to the public. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice-chairperson by three members of the Commission. Minutes shall be kept of all such meetings, and � any special meetings, with copies of said minutes and any other reports to be Ordinance No.2013-17 Establishing the Wylie Historic Review Commission Page 2 of 4 ,..,.� transmitted to the City Council and the City Manager. The Commission shall have technical and logistical support provided as designated by the City Manager. SECTION 7. Vacancies. When vacancies occur on the Commission, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. SECTION 8. Removal. Each Commission member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Commission member absences shall be controlled by Article VIII of the City's Charter. SECTION 9. Quorum; Votin�. Four (4) Commission members shall constitute a quorum of the Commission for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the Commission shall be valid or binding unless adopted by the affirmative vote of a majority of those Commission members present and voting. SECTION 10. Officers. The Commission shall have a chairperson and vice- chairperson whose terms shall be one year. The chairperson and vice-chairperson shall be elected by the Commission members. Neither the chairperson nor vice- chairperson shall serve as an officer for more than two (2) consecutive terms. The ""`�` chairperson shall preside over meetings and shall be entitled to vote upon each issue. The vice-chairperson shall assist the chairperson in directing the affairs of the Commission. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. SECTION 11. Powers and Duties. (a) The Commission shall act principally in an advisory capacity to the City Council and the city staff in any matter pertaining to development within the Historic District. (b) The Commission shall have the power to: (1) Develop, for City Council approval, a set of bylaws governing rules of procedure for their meetings and operation; (2,) R�vie.w �nd,recomrr�end an action to the City Council and/or Planning and Zoning Commission for proposed new construction or substantial renovation as it relates to historic preservation; (3) Recommend designation of historic districts and landmarks; � (4) The Commission shall advise and make recommendations to the City Council pertaining to, among other things, policies and procedures of the District as identified in the Comprehensive Zoning Ordinance; Ordinance No.2013-17 F;stablishing the Wylie Historic Review Commission � Page 3 of 4 (5) Encourage public outreach/education/awareness programs; � (6) Establish criteria to be used in determining whether certain buildings, land, areas, and districts should be designated as heritage resources; (c) All powers and duties prescribed and delegated herein are delegated to the Commission, as a unit, and all action hereunder shall be of the Commission acting as a whole. No action of any individual Commission member is authorized, except through the approval of the Commission or City Council. (d) The Commission shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of the city. (e) The Commission shall have any other power and/or duty as prescribed and authorized by the City Council. SECTION 15. Savin�s/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring pr:ior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 16. Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent ju�risdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact th��t any one or more sections, subsections, sentences, clauses and phrases be declared un.constitutional or invalid. SECTION 17. Effective Date. This Ordinance shall become effective immediately up�on its adoption and publication as provided by law and the City Charter. D1ULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF W�I'LIE, TEXAS, on this 9th day of April, 2013. � Eric Hogue, Mayor A'TTEST O: �� �F ��i . G�.,�rn.<<,- 1',�, _�. C��ro e Ehrlich, Ci ecretary � Ordinance No.2013-17 � �';�'`1�..� , Establishing the Wylie Historic Review Commission � '���'�`��•�����`� �' Page 4 of 4 v�j�ii e�iiw�i s ,TA�88��5