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HomeMy WebLinkAboutORD 15-050ORDINANCE NO. 15-050 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.02, SECTION 28.02.006, SUBSECTIONS 28.02.006(a) AND 28.02.007(a) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES AND ADDITIONS RELATING TO THE PLANNING COMMISSION AND HISTORIC LANDMARK COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Article 28.02, Section 28.02.006, Subsection 28.02.006(a) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 28.02.006 Planning commission (a) Creation. The planning commission, created in accordance with Article XVII, Section 24, of the City Charter, shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A. Local Government Code, section 211.007. (1) The planning commission shall consist of nine (9) members and three (3) alternate members who are resident citizens and qualified voters of the city. The alternate members shall serve in the absence of a regular member in the conducting of commission business. The members of the planning commission shall be appointed by the city council for two (2) year terms, expiring on September 30 of odd numbered years, or until a successor is appointed. The three alternate members shall be appointed by the mayor subject to approval of the city council for two (2) year terms, expiring on September 30 of odd numbered years, or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the planning commission existing on the effective date of this chapter shall continue to serve as members of the commission until the terms for which they were originally appointed expire. (2) Members of the planning commission shall serve without compensation. (3) Members of the planning commission shall be subject to removal at the will and pleasure of the City Council. 0Prtinn 7 THAT Chapter 28, Article 28.02, Section 28.02.007, Subsection 28.02.007(a) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 28.02.007 Historic landmark commission (a) Creation of historic landmark commission. For the purpose of recommending historic -cultural landmark preservation designations and districts and for the purpose of approving or making recommendations on the construction, alteration, reconstruction, demolition, or relocation of buildings and structures on sites located within HC_ -L and HC -D zones, Historic -Cultural Landmark Preservation designation, there is hereby created a historic landmark commission. The historic landmark commission shall be composed and appointed as follows: (1) The historic landmark commission shall consist of nine (9) members appointed by the city council, including the following: (A) One member shall be a member of the city planning commission. (B) One member shall be a licensed architect. (C) One member shall be a licensed attorney. (D) One member shall be a professional historian. (E) One member shall be a member of the Beaumont Heritage . Society. (F) One member shall be a member of the Jefferson County Historical commission. (G) Three (3) members shall be appointed from the community at large. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of Beaumont. (2) The members of the historic landmark commission shall be appointed for a term of two (2) years, expiring on September 30 of odd numbered years. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause. (3) Members of the historic landmark commission shall serve without compensation. (4) Members of the historic landmark commission shall be subject to removal at the will and pleasure of the City Council. (5) Operational procedures shall be established by the historic landmark commission as follows: (A) The historic landmark commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this chapter, other ordinances of the city, or laws of the state. (B) The city council shall select from the membership of the commission a chairman and vice-chairman of the commission. (C) The director of planning of the city shall serve as secretary for the commission and shall be responsible for taking minutes of the commission's proceedings and filing them in the office of the city clerk. (D) The historic landmark commission shall meet on a monthly basis at an agreed-upon specified time and place. Special meetings shall be called by the commission chairman or by three (3) commission members. (E) Five (5) members shall constitute a quorum, and all issued shall be decided by a simple majority vote of the members present and voting. (F) Notices of commission meetings shall be governed by V.T.C.A. Government Code, chapter 551 (Open Meetings Law), all meetings shall be open to the public, and minutes shall be kept of all commission proceedings. (G) All historic landmark commission public hearings on applications for certificates of appropriateness for exterior changes and on requests for the approval of demolitions or removals shall be noticed and advertised once by publication in a newspaper stating time, date and place of public hearing thereon at least seven (7) days prior to the date on which the public hearing is held. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of November, 2015.