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2004-119-RES AUTHORIZING THE FILING OF AN APPLICATION AND ASSOCIATED DOCUMENTATION SEEKING THE DESIGNATION FOR THE CITY OF PARIS AS A PRESERVE AMERICA COMMUNITY RESOLUTION NO. 2004-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE FILING OF AN APPLICATION AND ASSOCIATED DOCUMENTATION SEEKING THE DESIGNATION FOR THE CITY OF PARIS AS A PRESERVE AMERICA COMMUNITY FOR CALENDAR YEAR 2004; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS IN SUPPORT OF SAID APPLICATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, through the concerted efforts of local government, the business community, the educational community, and citizens at large, by and through that organization known as Keep Paris Beautiful, has diligently sought to markedly improve the appearance and image of the City; and, WHEREAS, as part of said process, the City of Paris has adopted a number of ordinance initiatives, including an Historic Preservation Ordinance to preserve the historical heritage of the community; and, WHEREAS, Preserve American is a White House initiative in cooperation with the Advisory Council on Historic Preservation, the U. S. Department of Interior, the u. S. Department of Commerce, the u.s. Department of Agriculture, and the u.s. Department of Housing and Urban Development, the purpose of which is to recognize communities that actively protect and celebrate their heritage, use their historic assets for economic development in community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs; and, WHEREAS, the City of Paris by and through its grass roots community programs has placed preservation of its historic heritage as a major community-wide priority; and, WHEREAS, in order to receive recognition for such efforts, the City Council of the City of Paris desires to apply to the appropriate officials to designate the City of Paris as a Preserve America Community for calendar year 2004; and, WHEREAS, if the City of Paris receives designation as a Preserve America Community, it will in return receive a number of benefits, including White House recognition; a certificate or recognition; a Preserve America Community road sign; authorization to use the Preserve America logo on signs, flags, banners, and promotional materials; a listing in a web-based Preserve America Community Directory; inclusion in national and regional press releases; official notification of designation to State tourism offices and visitor bureaus; and enhanced community visibility and pride; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the mayor, city manager, and any all other appropriate city officials shall be and hereby are authorized and directed to execute an application form and all other documents associated with perfecting an application on the part of the City of Paris to receive Preserve America Community 2004 status, such documents to include the application form and other associated documents attached hereto as Exhibit A and incorporated herein for all purposes. Section 3. That said application shall be timely presented to the appropriate federal officials for the purposes of receiving such designation. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of July, 2004. ~-' \:~-t " /' I \\- ATTEST: j) ~ {1j~\ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: .. 5ft r(f~r+. Preserve America Communities 2004 Application 1. GENERAL INSTRUCTIONS Communities must consult with their State Historic Preservation Officer (SHPO) during development of this application and send a copy of the completed application to the SHPO when it is submitted. (Not required for tribal submissions.) Check this box EI to signifY that you have done so. SHPO names and addresses can be found at WWW.ncshpo.org or by telephoning (202) 624-5465. Applications must be submitted in hard copy and will not be returned. Please provide 2 original copies and 3-5 related images as described on page 2. Model application documents are available at www.preserveamerica.gov!communities. Submission well in advance of one of the quarterly deadlines (March 1st, June 1St, September 1St, December 151) will facilitate timely review. SEND APPLICATIONS TO Preserve America Communities Advisory Council on Historic Preservation 1100 Pennsylvania Avenue, NW, Suite 809 Washington, DC 20004 SOURCES OF ADDITIONAL INFORMATION Office of Preservation Initiatives Advisory Council on Historic Preservation (202) 606-8505 Web site: WWW.oreserveamerica.gov 2. COMMUNITY INFORMATION All communities, incorporated or unincorporated, and federally recognized Indian tribes are eligible to seek designation as a Preserve America Community. City Paris State Indian tribe County n/a Lamar TX Congressional District ~ Zip .l.l4.6.l--9.Q12 3. ApPLICANT INFORMATION Application for designation can only be submitted by one of the following: · Mayor or equivalent elected governing official of an incorporated cOmmunity; · County executive or equivalent elected governing official of the appropriate jurisdiction ofan unincorporated community; · Tribal governing official. Applicant's Name Curtis Fendley City Paris P.O. Box 9037 Title Mayor Address Phone 903-784-9202 State TX Zip 75461 Fax 903-785-8519 Lisa Wright Phone 903-784-9203 Fax 903-784-1798 E-mail ttownsend@cLparis.tx.us Title Director of Community Development For more information contact E-mail lwrfght@cLoaris.tx.us Preserve America Communities 2004 Application EXHIBIT .A. Page 1 of 2 4. DESIGNATION CRITERIA AND REQUIRED DOCUMENTATION A community will qualify for designation as a Preserve America Community if: A. The community has supported (within the last three years) a historic or cultural preservation project that promotes heritage tourism or othelWise fosters economic vitality. The project must have involved a public-private partnership between government entities and at least one civic association, non-profit organization, or business enterprise. (please provide a written description of a specific project, documenting how itfulfills these requirements. Do not exceed 500 words.) B. The goveming body of the community has recently adopted a resolution indicating its commitment to the preservation of its heritage assets. (Please include a signed and dated copy of the resolution.) C. The community meets at least five of the criteria outlined below (with at least one from each specified category). (please check the criteria below under which you are seeking Preserve America Community designation. For each criterion, please provide a written description of no more than 250 words explaining how your community meets the criterion.) Category 1: Discovering Heritage Through Historic Places I:] An ongoing, publicly available inventory of historic properties; I:] A community-supported museum, interpretive facility, archive, or local history records collection (private or public); I:] Active citizen volunteer involvement, such as a docent or guide program for interpretation of local history and culture, or volunteer participation in improving the condition of heritage assets within the community; I:] Opportunities for children to learn about local heritage in the schools, through either established curriculum or special outreach activities. J Category 2: Protecting Historic Resources I:] A local governmental body, such as a board or a commission, charged with leading historic preservation activities within the community; I:] An adopted community-wide historic preservation plan that is being implemented; I:] A historic preservation review ordinance and volunteer or professional staff to implement it. Category 3: Promoting Historic Assets I:] A local heritage tourism program or active participation in a regional program, with such promotional material as a walking/driving trail or tour itinerary, map of historic resources, etc.; I:] A regularly scheduled heritage observance or event; I:] A historic preservation awards or recognition program. D. Submit 3-5 images that show people using and enjoying your historic cultural and natural resources (CD with digital images with a resolution of300dpi or greater, 4"x6" color photographs, or slides) and provide caption and credit infonnation for each. 5. ADDITIONAL SUPPORTING MATERIAL: Written endorsements by preservation organizations, civic organizations, members of congress, and other elected officials are encouraged. (please provide copies of any letters of endorsement.) Documenting participation in other nationwide preservation programs is encouraged. (Please let us know if your community is a Certified Local Government, a Main Street Community, a recipient offunds under the Save America's Treasures Program, a recipient of Transportation Enhancements funding for historic preservation, etc.) (Brochures, additional photos, reports, publications, etc. may be appended if desired.) 6. RELEASE AUTHORIZATION: The undersigned gives the ACHP and the Preserve America Communities program absolute right to use, in whole and in part, all material submitted in furtherance ofthis application. All submitted materials become the property of Preserve America. Materials may be used in program activities, including publications and web sites. Preserve America is given pennission to make any editorial changes and/or additions to the subject material. The undersigned guarantees to have on file all necessary individual agreements and signatures to ensure Preserve America unencumbered use of all associated material. 7. SIGNATURE OF APPLICANT: The elected governing official ofthe community must sign and date this form. Signatures must be original and in ink. Signature Date July 12, 2004 Curtis Fendley, Mayor Preserve Am~1;~l ct3~nfdHf~2~~iC!~S Page 2 of 2 Application for Preserve America Community (from the City of Paris, Texas) Addendum to basic application summary. Category 1: Discovering Heritage through Historic Places An inventory of historical properties is available in a booklet published by the Lamar County Chamber of Commerce with location and description of historic markers, structures, including driving instruction for visitation. A community supported museum is now under construction and is about eighty percent completed. This 7000 square foot structure will house the 1846 Biard log house (Texas Historical Marker. 1966) which is already restored and in place and the Buckner rooms which represent the sole remaining structural component of the Budmer Orphanage in Dallas, the major structures having been diminished. The museum has been entirely constructed as of this date by volunteer labor and donated materials. The museum even though incomplete has been visited by children's groups and the Lamar County Historical Society participated in the recent planting of an oak tree from the last home place of Stephen F. Austin (the Father of Texas) which was a project of the Texas State Historical Commission, one student from each county campus being represented. More than 30 historical markers have been placed in the city and county. The founder of the City of Paris is represented by a sculpture and marker which has been placed in Heritage Park. Heritage Park will have a walking trail with historical !acts noted every 50 yards, front and back. Category II: Protecting Historic Resources The Lamar County Historical Commission is a city sponsored organization as part of the Main Street Project. This is concerned with preservation affairs and meets monthly. The City Council of Paris has passed specific ordinances designed to preserve and protect the designated Historic District. This is functioning in coordination with the City Attorney. The Lamar County Historical Society is active in preservation and designation of historic structures and sites in the county. The Lamar County Genealogical Society occupies generous quarters in the newly restored Union Station and maintains the documentary aspects of the history of the area along with the Archives of Paris Junior College. Category: m: Promoting Historic Assets The Lamar County Historical Commission is active with monthly meetings and preservation activities. The Chamber of Commerce is very active in tourism promotion with a number of brochures readily available for historic preservation and viewing. The Lamar County Commisioners donate a 4 figure sum to the Lamar County Historical Commission yearly. A number of history organizations are active in the city including the Daughters of the Republic of Texas, the Daughters of the American Revolution, the United Daughters of the Confederacy and the Sons of Confederate Veterans. The Sons of Confederate Veterans gives an award yearly to the individual who contributes to he preservation of the Sam Bell Maxey House, a Texas Parks and Wildlife controlled historic site. The Keep Paris Beautiful Committee sponsors a yearly a celebration of local history (John Chisum Days) which is a two day celebration at the civic center. Preservation City Application City of Paris, Texas May 15,2004 Inclusions: Report of the Lamar County Historical Commission, Texas Historical Commission on Preservation in Paris and Lamar County 1996-2004. Summary of Estimated Expenditure on Preservation in Paris and Lamar County 1996-2004. Copy of City Ordinance 2002-033, Preservation in the City of Paris, the Main Street Project. Brochures REPORT OF THE LAMAR COUNTY mSTORICAL COMMISSION THE TEXAS HISTORICAL COMMISSION RESTORATION AND PRESERVATION, CITY OF PARIS 1996-2004 In 1996 I became concerned about the general deterioration of the downtown particularly the Plaza. At that time only about 70% of the buildings on the Plaza were rented and functioning; Alarming amounts of unconventional signage were beginning to appear and a number of the business were not contributing to the economy. Two of the buildings were being used as churches. I looked at the Greiner-Mohr Building, which had been built in 1916 after the fire. It had been through a succession of owners and was then empty. A very active artist's colony had been developing around the Hayden Museum of Fine Arts and its exhibitions. The annual art fair had deteriorated into a children's festival with no room for the finer artists. I felt like I could restore this building and then devote it to our artist's colony. With the assistance of Richard Hunt the building was restored, maintaining it's original exterior as well as its interior. Once opened historical lectures dealing with the Plaza and downtown were held in the evenings which was the first time in 40 years that citizens were actually engaging in activities after hours on the Plaza. Within a short period of time Chip and Suzy Harper restored the Aikin building on the East side of the Plaza. Barbara and Pinky Wilson became active and restored the Texas and Pacific Depot for restaurant usage and then completed a magnificent restoration of the Wise House (1886) and opened it to the public for event leasing. They were to later purchase and save the bank on the SE corner of the Plaza and new owners have restored it. Richard Hunt purchased the Daniel House (1888) and has now completed an absolutely incredible restoration of this Paris landmark, located a mere two blocks ofT of the Plaza. At this same time the Moore Law Firm began a grand restoration of the Lynch Building preserving it's spatial interiors and much of the original feeling. It was at this time that the restoration of Union Station started with a grant from the Texas Department of Transportation and has been completed. The Chamber of Commerce is occupying the major part of the building along with the Lamar County Genealogy Society. A THC marker has been placed on the site. Fearing the possible contamination of the area around the depot with unsuitable construction, the acreage around the Depot was purchased by Dr. and Mrs. William Hayden and donated to the City as a park (Heritage Park). At the same time, the Texas Midland warehouse (1915) was purchased by Dr. and Mrs. Hayden and was restored as Heritage Hall. The commodities building just back of the Hall was also purchased and was donated to the City of Paris with the proviso that it becomes the Lamar County Historical Museum. This museum is in process of development and although woefully under financed is moving on a course to become an outstanding museum. Three major projects have been completed in the Museum each funded by the Hayden Foundation including the restoration of the Biard log House (1846, THC Marker) and the Buckner Memorial Rooms which include major artifacts from the Buckner Orphanage gifted to the Foundation by the orphans. The orphanage was started in Paris in 1877. Buckner Benevolences is now the largest public service organization in the world. The front facade of Judge Jim Thompson's House (1915) survived a major fire and has been erected in the Museum..: The Plaza began to come to life with 6 antique shops, and the quality of the businesses was significantly enhanced. The buildings on the side streets began to show increasing occupancy. With funds supplied by the Hayden Foundation and other funds available to the PCT, the facade and some of the interior of the Plaza Theater was restored to the 1932 appearance. The PCT expanded its operations. A very active Main Street program chaired very capably by Karen Wilkerson was basically responsible for the outlines of the historical district and the basic concepts of the protective ordinances that have been recently approved by the City Council and fostered by a very vigorous group of people including the present Main Street program. The Lamar County Courthouse (1917) was the beneficiary of funds from the State (Texas Historical Commission) and multimillion dollars are at work. The County wisely purchased the vacant Post Office (1923) and has completed an excellent restoration of the interior again retaining much of the historical aspects. Smaller but just as important improvements have been made along the line of restoration of usage. The structure at the corner of Kaufman and South Main has been restored by Jerry Raper for his furniture making business. Structures on the south east corner of the Plaza have been cleaned of their offensive coverings as have the area on the SE corner of Clarksville and First Street. The city picked up on the movement and did significant restoration of City Hall with imminent preservation of the Central Fire Station. A grant has been obtained to redesign and landscape the streets and walks in the Plaza area and this is a project-in-work at this writing. The City has been more than a willing partner in all of these restorations. The recent renovations of the historic peristyle in Bywaters Park is an example. The Culbertson Fountain has been renovated and the area landscaped. A marker to the memory of J.J. Culbertson was placed on the Plaza and dedicated by the Lamar County Historical Commission. A THC marker was erected at the Shady Grove Cemetery. A THC marker has been applied for Cox Field, a 1943 military airport now the city airport. Threatened with demolition is the 1888 Early House which is deteriorating. Estimates for removal and restoration exceed $ 250000 and there are no prospects for survival. The Gibraltar Hotel is also listed as an endangered structure with no prospects at this time. ~d~~Hl~~ Chairman Lamar County Historical Commission President Lamar County Historical Society May 1, 2004 J PRESERVATION AND RESTORATION, CITY OF PARIS, TEXAS, 1996-2003 I Site Fund Source Amount Greiner-Mohr Buildinc , Plaza Gallery Hayden 108000 iken Building Harper 50000 and P Depot ~ i1son 100000 /Vise House ^ i1son 350000 1st State Bank ^ i1son 3000 arious investors 75000 Daniel House Hunt 225000 Union Station City of Paris 1200000 Heritage Park, 7 acres Hayden 66000 Texas Midland Warehouse - Heritage Hall Hayden 425000 Plaza Theater I Hayden 32000 - PCT 14000 Lamar County Courthouse Tx State Historical Commission . 400000 I Lamar County 500000 Post Office Lamar County 598000 Buildina, South Main and Kaufman - Raper 7000 City Hall City of Paris .! 250000 Streetscape" - City of Paris I State of Texas 1200000 Lamar CtV Historical Museum Building Havden 30000 Restoration Biard Loa House Hayden 18000 Restoration Buckner Rooms Havden 17000 *Lamar en Historical Museum Warious donations 22000 TOTAL 5690000 *Project onaoina. ORDINANCE NO. 2002-033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 7, ARTICLE IV, SECTIONS 7-71 THROUGH 7-100 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, ENTITLED "MOVING OF BUILDINGS," TO REDESIGNATE SAID ARTICLE AS ARTICLE V TO CHAPTER 7 AND TO RENUMBER SAID SECTIONS AS SECTIONS 7-101 THROUGH 7-130 RESPECTIVELY; AMENDING CHAPTER 7, ARTICLE V, SECTIONS 7-101 THROUGH 7-119 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, ENTITLED "MECHANICAL REGULATIONS, "TO REDESIGNATE SAID ARTICLE AS ARTICLE VI TO CHAPTER 7 AND TO RENUMBER SAID SECTIONS AS SECTIONS 7-131 THROUGH 7-150 RESPECTIVELY; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY REPEALING ARTICLE VI OF CHAPTER 2, SECTIONS 2-156 THROUGH 2-158 ENTITLED "HISTORIC LANDMARK,PRESERV ATION COMMITTEE"; AMENDING CHAPTER 7 OF THE CODE. OF ORDINANCES OF THE CITY OF PARIS TO ADOPT A NEW ARTICLE VII, SECTIONS 7-151 THROUGH 7-164 ENTITLED "HISTORIC PRESERVATION"; ESTABLISHING THE PARIS HISTORIC PRESERV A nON COMMISSION; AUTHORIZING THE DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; REGULATING THE ISSUANCE OF DEMOLITION PERMITS FOR mSTORIC LANDMARKS OR STRUCTURES WITHIN A HISTORIC DISTRICT; PROVIDING FOR RELIEF ON THE BASIS OF HARDSHIP; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENAL TIES; PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Chapter 211 Texas Local Government Code, the Municipal Zoning Authority, specifically authorizes zoning functions and procedures for municipalities; and, WHEREAS, Chapter 211 Texas Local Government Code, Section 211.005 authorizes the governing body of a municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulations must be uniform for each class or kind of building in a district although zoning regulations may vary from district to district; and, Page 1 of 14 WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction with other go/vernmentalentities, private groups, and private individuals, has supported and participated in a community-wide beautification program intended to remove junk, litter, and other unsightly materials, generally improve blighted areas of the City, regulate and where appropriate remove substandard buildings and structures, protect and preserve the public health, safety, and welfare, and generally improve the overall appearance of the community; and, WHEREAS, in pursuit of such goals, the City Council desires to protect the public health and safety at the same time protecting the rights of individual property owners; and, WHEREAS, in furtherance of these goals, the City Council has adopted Article III to Chapter 7 of the Code of Ordinances of the City of Paris, entitled "Hazardous Buildings" for the purpose of regulating substandard structures and buildings within the City; and, WHEREAS, in the process of the adoption of said Article, City Council directed the inclusion of Section 7-50 thereto, dealing with the preservation of substandard buildings as historic property; and, j WHEREAS, in order to implement fully said Section 7-50, and to otherwise provide for the preservation of significant historical landmarks and properties within the City, the City Council authorized application on behalf of the city for a designation as a Certified Local Government by the Texas State Historical Preservation Office as provided by 16 U.S.C.A. Section 470 et seq; and, WHEREAS, as part of the aforesaid certification process, the City must adopt an appropriate historic preservation ordinance establishing among other things a historic preservation commission empowered to undertake certain actions and exercise certain responsibility related to the preservation of historical landmarks and structures within the City; and, WHEREAS, the City Council desires to adopt the aforesaid Historic Preservation Ordinance and create said commission, and implement the necessary procedures and processes in furtherance of preservation of historical landmarks and structures within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS; Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 7, Article IV, Sections 7-71 through 7-100 of the Code of Ordinances of the City of Paris, entitled "Moving of Buildings," shall be and is hereby amended to redesignate said Article IV as Article V to Chapter 7 of the Code of Ordinances, entitled Page 2 of 14 "Moving of Buildings," and to renumber said Sections 7-71 through 7-100 as Sections 7-101 through 7-130 respectively. Section 3. That Chapter 7, Article V, Sections 7-101 through 7-119 of the Code of Ordinances of the City of Paris, entitled "Mechanical Regulations," shall be and is hereby amended to redesignate said Article V as Article VI to Chapter 7 of the Code of Ordinances, entitled "Mechanical Regulations," and to renumber said Sections 7-101 through 7-119 as Sections 7 -131 through 7-150 respectively. Section 4. That Article VI of Chapter 2, Sections 2-156 through 2-158 of the Code of Ordinances of the City of Paris, entitled "Historic Landmark Preservation Committee," shall be, and the same is hereby, as of the effective date of this ordinance, repealed and declared null and void and of no further force and effect. Section 5. That there is hereby adopted to the Code of Ordinances of the City of Paris a new Article VII to Chapter 7, Sections 7-151 through 7-164, entitled "Historic Preservation," to read as follows: .:! "ARTICLE VII. mSTORlC PRESERVATION Sec. 7-151. Title. This ordinance shall be cited as the 'Paris Historic Preservation Ordinance. I Sec. 7-152. Purpose. The city council hereby declares that as a matter of public policy, the protection, preservation, and enhancement of districts and landmarks of architectural, archaeological, cultural, and historic importance is necessary to promote the economic, cultural, educational, and general welfare of the citizens of Paris. The unique identity of the city of Paris and the history of the area prior to its founding, which produced significant historic, architectural, archaeological, and cultural resources, requires this ordinance to: (a) Protect and enhance the districts and landmarks which represent distinctive elements of Paris's historic, architectural, and cultural heritage; (b) Foster civic pride in accomplishments of the past; (c) Protect and enhance Paris's attractiveness to visitors and the support and stimulus to the economy thereby provided; (d) Insure the orderly, efficient, and appropriate growth and development Page 3 of 14 of Paris; I (e) Promote economic stability and prosperity of the community by encouraging the most appropriate use of such significant property in Paris; and (f) Stabilize and improve property values. Sec. 7-153. Paris Historic Preservation Commission; creation, duties, responsibilities, powers. (a) Commission created. There hereby is created a historic preservation commission (the 'commission') composed of seven members and two alternate members, appointed by the city council. All commission members shall have a demonstrated outstanding interest in the historic traditions of the city and experience in the preservation of the historic character of Paris. The city council shall endeavor, to the extent reasonably available, to appoint members from the following categories: j 1. Architect, planner, or design professional; 2. Member of the Main Street Board; 3. Owner of or resident or tenant in a landmark property or property in a historic district; 4. Member of a local Historical Society; 5. Three members at large; or 6. Other specific background as desired. (b) Term. Commission members shall serve for a period of two years, their terms to be staggered (four members appointed one year and three members appointed the next year). Initial appointments shall be four for two-year terms and three for one-year terms. (c) Officers. The chair and vice-chair of the commission shall be elected by and from members of the commission. (d) Ex-officio. The director of community development shall serve as ex-officio member of the commission. (e) Powers. The powers of the commission shall include the authority to Page 40f 14 do the following: I 1. Adopt rules and procedures; 2. Adopt identification criteria and rules for delineation of historic district boundaries; 3. Conduct and administer historic resource surveys; 4. Recommend designation of districts and landmarks; 5. Establish committees as needed; 6. Produce and distribute minutes of meetings; 7. Develop public outreach/education/awareness programs; j. 8. Approve/disapprove certificates of appropriateness; 9. Provide design and other reasonable forms of advice to owners and tenants of historic properties in the certificate of appropriateness review process; 10. Recommend acquisition of endangered historic resources to the city council when necessary; 11. Submit an annual report to city council and the mayor on the status of preservation in the community and the work of the commission; 12. Prepare and promote design guidelines for landmarks/districts. (f) Meetings. The commission shall meet at least monthly, or more frequently if so required, to conduct business. The director of community development may, when necessary and with adequate notice, call special meetings of the commission. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 551, Texas Government Code. (g) Quorum. . A quorum shall consist of four commission members. A positive vote of a majority of the quorum shall be required to take any official action. Page 5 of 14 Sec. 7-154. Support staff and historic preservation officer. (a) Administration. The director of community development, or his designee, as historic preservation officer, shall administer this ordinance and the permitting and zoning functions thereof contained in this and other applicable ordinances. (b) Coordination. The historic preservation officer will coordinate the commission's and city's preservation activities with the county and appropriate state and federal agencies, and will advise the commission on relevant issues. Sec. 7-155. Designation of landmarks and historic districts. (a) Designation. The city council may designate sites, buildings, structures, landscapes and objects as landmarks, and areas as historic districts, including the public rights-of- way in and surrounding them, by adopting zoning districts designated as HD on the city's official zoning maps pursyant to procedures incorporated into the city's basic zoning ordinance by the city council. (b) Criteria. A historic district may be established to preserve landmarks and areas of exemplary architectural, archaeological, cultural, or historic value provided such landmarks or areas have one or more of the following characteristics: 1. Significance in history, architecture, archaeology, or culture; 2. Association with certain events that have made a significant contribution to the broad patterns of local, regional, state, or national history; 3. Association with the lives of significant persons in our past; 4. Embodying the distinctive characteristics of an architectural or engineering type, period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman; 6. Represents an established and familiar visual feature of the community; 7. Has archaeological value because it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. Page 6 of 14 (c) Regulations. Design guidelines and other appropriate regulations concerning the exterior and site deyelopment or redevelopment of a historic district may be recommended by the commission and adopted by the City Council as part of a district ordinance. (d) Notice to affected property owners, hearings. Property owners of a proposed historic district designation shall be notified by the commission prior to the commission's hearing on designation. Testimony and documentary evidence may be presented, which will become part of the public record, to comment on the historic, architectural, or cultural importance of the proposed historic property. (e) Recommendations. Upon receipt of written recommendation of the commission, a proposal for designation shall be submitted to the planning and zoning commission for its review, public hearing, and recommendation to the city council for adoption, as provided in the city's general zoning ordinance. (f) Designations recorded. Upon designation of a propc;cty or properties as 'a landmark or historic district by the city council, the designation shall be recorded by legal description on the city's official zoning maps, in the records of real property of Lamar County, and with the tax appraisal office. Sec. 7-156. Ordinary maintenance. Nothing in this ordinance should be construed to prevent ordinary maintenance or repair of any exterior architectural feature of a property designated as a landmark or within a historic overlay district. Ordinary maintenance shall be defined as any work that does not constitute a change in design, material, color, or outward appearance, and include in-kind replacement or repair. The director of community development shall be the officer in charge of making the decisions as to what is 'ordinary maintenance.' Sec. 7-157. Certificates of appropriateness. (a) Standards for certificates. of appropriateness. The commission shall follow the United States Secretary of the Interior's formal written Standards for the Rehabilitation of Historic Buildings in its consideration of all applications for certificates of appropriateness. These Standards shall be made available to owners and tenants of property designated as historic. Page 7 of 14 (b) Criteria for Approval. In considering an application for a certificate of appropriateness, the commission shall be guided by any adopted design guideline, and where applicable, the Secretary of the Interior's Standards for Rehabilitation. Any adopted design guideline and the Standards for Rehabilitation shall be made available to the property owners of historic landmarks or within historic districts. 1. Every reasonable effort shall be made to adapt the property in a manner that requires minimal alteration of the building, structure, object, or site and its environment. 2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that hav.e no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes that have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of craftsmanship that characterize a building, structure, site, or object shall be retained where possible. 6. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event the replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or placement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. Page 8 of 14 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10. Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. (c) Certificate of appropriateness required. A person shall not alter a .t property designated as historic or property within a historic district, or any portion of the exterior of a structure on the site, or designated adjacent right-of-way, or place, construct, maintain, expand, or remove any structure on the site without first obtaining a certificate of appropriateness in accordance with this ordinance. A certificate of appropriateness shall be o?tained prior to the issuance of any building permit, although the certificate of appropriateness review and building permit and other required permit review processes may be conducted simultaneously. A certificate of appropriateness may also be required for work not otherwise requiring a building permit. The certificate of appropriateness shall be required in addition to, and not in lieu of, any required building permit. (d) Application for certificate. Prior to commencement of any work, the owner shall file an application for a certificate of appropriateness with the director of community development. The application shall contain: 1. Name, address, and telephone number of applicant, and address of affected property if different 2. Detailed description of proposed work 3. Current photographs of property including where available historic photos. 4. Drawings of proposed changes or new construction, and samples of materials. Page 9 of 14 5. Other information deemed necessary by the commission for clarification of the project (e) Approval of certificate. The commission shall deny, approve, or approve with conditions any certificate of appropriateness application within 30 calendar days of receipt of a completed application, determining whether the proposed work is consistent with the regulations contained in this ordinance, in all applicable ordinances, and in the zoning ordinance designating the historic landmark. Upon posted notice the commission shall conduct a public hearing on the application, at which time an opportunity is provided for proponents and opponents of the application to present their views. (f) Decisions of the commission. All decisions of the commission shall be in writing, stating its approval or the specific reasons for denying or modifying any applications. If approved, a copy of the certificate shall be sent to the applicant by certified mail and a copy filed with the director of community development. Sec. 7-158. Minor exterior alterations. (a) Application review. If the director of community development determines that the applicant is seeking a certificate of appropriateness to authorize only minor exterior alterations, as defined in this section, the director shall review the application to determine whether the proposed work complies with the regulations contained in this section and all applicable historic district designation ordinances and approve or deny the application within five working days of its receipt. (b) Appeal. Any interested person may appeal the director's decision by submitting to the director a written request for appeal within 30 calendar days of the director's decision. The written request for appeal starts the standard certificate of appropriateness review procedure by the historic preservation commission. . (c) Minor exterior alteration defined. For purposes of this section, 'minor exterior alteration' is the installation of or alteration to awnings, fences, gutters, and downspouts; incandescent lighting fixtures; landscaping and hardscaping comprising less than 25 percent of the front or side yard; restoration of original architectural features that constitute a change from existing conditions; painting of wood or other appropriate elements that constitutes a change in color from existing color; and additions and changes not visible from any street to the rear of the main structure or to an accessory structure. Page 10 of 14 Sec. 7-159. Demolition permits. (a) Review of application for demolition permit. A demolition permit for a structure within a historic district, or an individual landmark, shall not be issued by the director of community development until review and issuance of a completed certificate of appropriateness application by the commission. The director shall not forward the application to the commission until it is complete; the following information must be supplied by the applicant before the application is considered complete: 1. Information describing the condition of the structure; 2. Estimated cost of restoration or repair; 3. Demonstration that the adaptive use or restoration of the structure has been seriously considered; j 4. Any available historic records of the building, including drawings, photographs, or other similar material; 5. . Architectural drawings for any proposed new construction which is intended to replace the historic structure; 6. Any conditions proposed to be voluntarily placed on new development that would mitigate the loss of the landmark structure; 7. Any other information the director of community development finds appropriate for the commission to render a. decision on the application. (b) Public hearing on application. The commission shall hold a public hearing on the application within 30 calendar days of receipt of the completed application, at which time proponents and opponents of the application may present their views. The commission may seek expert assistance in the field(s) of real estate development, appraisal, financing, and other related disciplines to review the application. The applicant shall consult in good faith with the commission, interested local groups, and individuals in a diligent effort to investigate alternatives that will result in preservation of the property. (c) Grant or denial of application. If the historic preservation commission determines that in the interest of preservation the structure should not be removed or demolished, it shall deny the application and seek alternatives that may result in preservation of the structure. If the commission determines that in the interest of Page 11 of 14 preservation, demolition or removal of the structure will not create an adverse effect, it shall issue the certificate pf appropriateness for demolition. (d) Decision of the commission. A copy of the decision shall be forwarded to the director of conununity development and to the applicant within ten calendar days of the public meeting and a copy shall be filed with the city clerk. All decisions shall be in writing. (e) Time limitation. If, after 180 calendar days, the commission has not successfully found a purchaser or otherwise determined a process by which the property might be preserved, the building official shall issue the demolition permit. (f) Demolition permits issued pursuant to orders of the building standards commission exempt. This section shall not apply to applications for demolition permits filed pursuant to orders of the building standards commission issued pursuant to Article III of Chapter 7 of the Code of Ordinances. Sec. 7-160. Initiation of process for designation of hist~ric landmark or district. (a) Procedures. As set out herein, the procedure for adopting an ordinance to establish or amend a historic landmark or district designation may be initiated by the city council, the planning and zoning commission, the historic preservation commission or by the owner(s) of property within the area of request. Upon initiation of the procedure, no application may be accepted for a permit to place, construct, alter, demolish, or remove any structure on the property until the earliest of the following dates: 1. If the proposed designation is approved, the effective date of the ordinance implementing the change. 2. If the proposed designation is denied, the day after the city council makes its final decision regarding the designation. 3. The 90th day after the filing dates of a written request for hardship relief, if any, made in accordance with section 11. (b) Timing. For purposes of this section, the procedure is considered to be initiated immediately when the city councilor planning and zoning commission or historic preservation commission votes to authorize the filing of a designation case, or in the case of owner(s) initiation, when the application is filed with the historic preservation commission. Page 12 of 14 (c) Orders of the buildings standards commission exempt. This section shall notl apply to buildings or structures subject to orders of the building ~d standards commission pursuant to Article III of Chapter 7 of the Code of Ordinances. Sec. 7-161. Application for hardship relief. (a) Criteria for hardship relief An applicant may, during the pendency of a designation case, apply for hardship relief for purposes of obtaining a permit to place, construct, alter, demolish, or remove any structure on the property. In order to prove the existence of hardship, the applicant shall have the burden to establish that: 1. The property is incapable of earning a reasonable return on the owner's investment. 2. The property cannot be adapted for another use that can result in a reasonable return. j 3. No potential purchaser of the property with a reasonable offer who intends to preserve it can be identified. (b) Public hearing. The commission shall hold a public hearing on the hardship application within 30 calendar days following the original date of application for a certificate of hardship relief. Sec. 7-162. Enforcement. All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to all its requirements. It shall be the duty of the director of the community development to inspect periodically to assure such compliance. Sec. 7-163. Appeals. Any person aggrieved by a decision of the commission relating to hardship or issuance of certification of appropriateness may, within 30 calendar days of receipt of the written decision, file a written application with the city council through the office of the city clerk for review of the decision. The city council shall hold public hearings to consider the appeal. A decision of the city council is final and not appealable. Page 13 of 14 Sec. 7-164. Penalties. I That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above enumerated sections shall constitute and be deemed as a separate offense. Sections 7-165 - 7-180. Reserved." Section 6. That it is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall become declared unconstitutional or unlawful by the, valid judgment or decree of any court of competent jurisdiction, such finding of unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, it being the intention of the City Council that such remaining provisions shall remain in full force and effect. .J Section 7. That all other ordinances or parts of ordinances in conflict herewith and not expressly addressed herein are hereby' repealed to the extent of such conflict only. Section 8. That this ordinance shall become effective on August 1, 2002. PASSED, APPROVED, AND ADOPTED this 17th day of June, 2002. ATTEST: .~ ~i...~~9t ~ Mattie Cunningham, City Clerk ~ APPROVED AS TO FORM: Page 14 of 14 Preserve America Communities Page 1 of ~fl~EI\lV~ AMERICA ErpbJ1l' and Enjf1Y Our Heritnge Home Preserve America is a White House initiative in cooperation with the Advisory Council on Historic Preservation, the U,S. Department of the Interior, the U.S. Department of Commerce, the U.S. Department of Agriculture, and the U.s. Department of Housing and Urban Development, - I USDA ~ ,$',......,c,. I 1I11....'l> :...IIIIIILll \ 11111 ,.....>1> Executive Order Presidential Award Communities Preserve America Communities Communities may apply for special designation as a Preserve America Community, which recognizes communities that: . protect and celebrate their heritage; . use their historic assets for economic development and community revitalization; and . encourage people to experience and appreciate local historic resources through education and heritage tourism programs, Benefits of designation include: . White House recognition; . a certificate of recognition; . a Preserve America Community road sign; . authorization to use the Preserve America logo on signs, flags, banners, and promotional materials; . listing in a Web-based Preserve America Community directory; . inclusion in national and regional press releases; . official notification of designation to State tourism offices and visitor bureaus; and . enhanced community visibility and pride. Four application and designation cycles occur each year. The 2004 application deadlines are March 1, June 1, September 1, and December 1. Updated May 6.. 2004 Return to Top lttp:llwww. preserveamerica.gov 1 communities.html Federal Support Clearinghouse Designated Preserve America Communities Preserve America Communities Appliciltion [download in PDF] Preserve America Communities Application Guidance [download in PDF] Accessing the application and guidance requires the free Acrobat Reader software. If you do not have this software, pi ease visit Adobe to download Acrobat Reader, then install the software and return to this page. For conversion of PDF to HTML, visit Access Adobe's free conversion service, 6/2/2004 Nation's I5-Newest Preserve America r~mmunities Designated in Texas Page I of . ~\tSE~~ ~ .~ AMERICA ExpkJTe and Enj~J Ou,. Heritnge Home Preserve America is a \""hite House initiative in cooperation with the Advisory Council on Historic Preservation, the U.s. Department of the Interior, the. U,S, Department of Commerce, the U.S. Department of Agriculture, and the U.s. Department of HOLlsing and Urban Development. III tm USDA ~~ ..~"t.op. '..UII....<e, : ~11111111t ~ \~~JI Executive Order Presidential Award Communities Federal Support Clearinghouse Nation's 15-Newest Preserve America Communities Designated in Texas Preserve America Communities May 7, 2004, Fort Worth, Texas-Fifteen Texas cities, towns, and counties were named the Nation's newest Preserve America Communities today during the Texas Historical Commission (THC) Annual Texas Historic Preservation Conference. Preserve America is a White House initiative that encourages and supports community efforts for the preservation and enjoyment of our priceless cultural and natural heritage. It is administered by the Office of the First Lady in cooperation with the Advisory Council on Historic Preservation (ACHP), U,S. Department of the Interior, U,S. Department of Commerce, U,S. Department of Agriculture, and U,S. Housing and Urban Development. J "Preserve America communities demonstrate that they are committed to preserving America's heritage while ensuring a future filled with opportunities for learning and enjoyment," said Mrs. Laura Bush. "This new community designation program, combined with the Preserve America Presidential Awards and Federal support, provides strong incentives for continued preservation of our cultural and natural heritage resources, "I commend you for your commitment to preserving an important part of our Nation's historic past for visitors, neighbors, and, most importantly, for children," The designation certificates, signed by Mrs. Bush, were presented by Dr. David A. Sampson, Assistant Secretary for Economic Development, U.S. Department of Commerce; Mrs. Anita Perry, First Lady of Texas; and Mr, John L. Nau, III, Chairman of both the ACHP and THC. Assistant Secretary Sampson said, "On behalf of President Bush, I am pleased to represent the Department of Commerce and Federal Government's commitment to Preserve America. Heritage preservation is important from educational, cultural, and economic perspectives. http://www.preserveamerica.gov/P Acomm-5-7 -04.html 6/2/200t., Nation's IS-Newest Preserve America r"mmunities Designated in Texas "The DepartmenL uT Commerce is pleased to support Preserve America initiatives that utilize heritage preservation as an economic driver, providing a link to our past and prosperity for our future." Page 2 of Texas now has 16 Preserve America communities, including Castroville. Castroville was one of the first eight communities designated under the Preserve America initiative on January 15, 2004. Officials from the 15 communities being designated today were on hand to receive the designations. The 15 newest Preserve America communities are: Atlanta Cuero Denton Electra Granbury Hearne .Kerrville Marshall Mesquite Milam Nacogdoches Odessa County Pharr Victoria Waxahachie Jo County "From the time Texans are born, they are surrounded by remarkable stories and sites of our State's rich history," Mrs, Perry said. "Partnering with Preserve America will accentuate communities' existing charm and carry on the tradition of State pride that makes Texas such an extraordinary place to live and visit. "This is an excellent opportunity not only to preserve the past, but also promote new experiences among visitors and new appreciation among all." ACHP/THC Chairman Nau noted, "There are significant economic, educational, and cultural benefits that historic preservation, through efforts such as heritage tourism, bring to a community. Sustainable preservation is not a cost for maintaining the past; it is an investment in building the future, "You have shown that your communities and your State are national leaders in this trend, and have created a powerful positive example for others." The goals of the Preserve America initiative include a greater shared knowledge about the Nation's past; strengthened regional identities and local pride; increased local participation in preserving the country's cultural and natural heritage assets; and support for the economic vitality of our communities. http://www.preserveamerica.gov/P Acomm-5-7 -04.html 6/2/200'- Nation's 15~ewest Preserve America C''''mmunities Designated in Texas - Updated May 7, 2004 Return to Top http://www.preserveamerica.govIPAcomm-5-7-04.html Page 3 of3 J. 6/2/2004