§ 14-23. Creation of a historic preservation commission.

(a)

Creation of the commission: There is hereby created a commission whose title shall be "City of Tuscumbia Historic Preservation Commission" (hereinafter "commission").

(b)

Commission members: Number, appointment, terms, compensation and rules and standards: The commission shall consist of nine (9) members appointed by the mayor and ratified by the city council. A majority shall be residents of the City of Tuscumbia and shall be persons who have demonstrated training or experience in history, architecture, planning, archaeology or law, or who shall be residents of a historic district.

Members shall serve three (3) year terms. Members may be reappointed. In order to achieve staggered terms initial appointments shall be: Three (3) members for one (1) year; three (3) members for two (2) years; and three (3) members for three (3) years. Members shall not receive compensation, although they may be reimbursed for expenses incurred on behalf of the commission.

Members of the commission may be removed for cause by the city council.

Vacancies on the commission shall be filled by persons nominated by the mayor and appointed by the city council. Such appointments shall be for the unexpired term of the member replaced.

Members of the commission shall elect a chairman and a vice-chairman and such other officers as the members deem necessary. The commission shall adopt rules of procedure and bylaws to govern its operations and shall communicate those rules of procedure and bylaws to the city council. The rules of procedure and bylaws of the commission shall specify what number of members of the commission constitutes a quorum.

The commission shall have the flexibility to adopt rules and standards without amendment to this article.

(c)

Commission meetings, minutes and public participation:

(1)

All meetings of the commission must be publicly announced and be open to the public. Commission meetings must occur at regular intervals. Public notice must be provided prior to any special meetings.

(2)

Minutes of all decisions and actions of the commission including the reasons for making these decisions must be kept on file and available for public inspection.

(3)

All decisions of the commission shall be made in a public forum and applicants must be given written notification of the commission's decision.

(4)

The rules of procedure adopted by the commission must be available for public inspection.

(5)

During the process of reviewing properties for nomination to the National Register, the commission must provide opportunity for public comments.

(d)

Statement of the commission's power: The commission shall be authorized to:

(1)

Prepare and maintain an inventory of all property within the City of Tuscumbia having the potential for designation as historic property;

(2)

Recommend to the city council specific places, districts, sites, buildings, structures, objects or works of art to be designated by ordinance as historic properties or historic districts;

(3)

Review applications for certificates of appropriateness and grant or deny same in accordance with the provisions of this article.

(4)

Recommend to the city council that the designation of any place, district, site, building, structure, objects or work of art as a historic property or as a historic district be revoked or removed;

(5)

Restore and preserve any historic properties acquired by the City of Tuscumbia or acquired by the commission;

(6)

Promote the acquisition by the City of Tuscumbia of facade easements and conservation easements;

(7)

Develop and conduct educational programs on historic properties located within the City of Tuscumbia and on general historic preservation activities;

(8)

Make such investigations and studies of matters relating to historic preservation including employment of historic preservation experts the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources;

(9)

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired;

(10)

Perform historic preservation activities as the official agency of the City of Tuscumbia historic preservation program;

(11)

Employ persons, if necessary, to carry out the responsibilities of the commission;

(12)

Receive donations, grants, funds or gifts of historic property;

(13)

Purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage and insure real and personal property in carrying out the purposes and responsibilities of the commission. The commission shall not obligate the City of Tuscumbia without prior consent;

(14)

Review and make comments to the Alabama Historical Commission concerning the nomination of properties within its jurisdiction to the National Register of Historic Places;

(15)

Investigate, survey and process nominations of properties to the National Register of Historic Places;

(16)

Investigate, survey and process applications for certification of historic properties for tax credits for preservation expenditures;

(17)

Participate in private, state and federal historic preservation programs and with the consent of the city council, enter into agreements with the same to perform historic preservation related functions.

(e)

Annual reports of the commission's activities: The commission shall prepare and file with the city council and with the Alabama Historical Commission, an annual report of its activities as required by the city council and the Alabama Historical Commission. The annual report shall cover the period from October 1st to September 30th and shall be submitted in October of each year. The report shall include such items as the number of cases reviewed, historic district and property designations made, revised resumes of commission members/staff, appointments to the commission, attendance records and all minutes relating to the review of National Register nominations. The report shall document attendance at the orientation/training session as specified in subsections (h) and (i) hereinbelow.

(f)

Conflict of interest: At any time the commission reviews a project in which a member of the commission has ownership or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question.

(g)

Records of commission meetings: A public record shall be kept of the commission's resolutions, proceedings and actions.

(h)

Responsibilities of commission members: Each commission member and anyone serving the commission in a technical/professional staff capacity is required to attend at least two (2) informational or educational meetings per year pertaining to historic preservation. Such meetings may include those sponsored by the Alabama Historical Commission, Board of Advisors, the National Trust for Historic Preservation or a local preservation organization. One (1) of the two (2) should be a regional or statewide meeting.

(i)

Liaison between the commission and the state historic preservation office (Alabama Historical Commission): Should the city council elect to become a certified local government, the city council shall designate a paid member to the city's staff or a person working under contract as a source of technical/administrative/professional assistance to be responsible for the operations of the commission in keeping with the requirements of certification for participation in the certified local government program. At least one (1) member of the commission and/or the person serving as the commission's technical staff, and/or a representative appointed by the mayor who has an ongoing relationship with the commission, will attend the Alabama Certified Local Government orientation/training session sponsored by the Alabama Historical Commission each year.

(Ord. No. A-74, § 3, 6-19-90)