Ordinance - 2009 - 623 - Amending Title 28/Historical Preservation Commission - 04/14/2009
ORDINANCE NO. 623
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 28 "HISTORIC PRESERVATION COMMISSION", CHAPTER 7,
SECTION 1 "HISTORICAL PRESERVATION COMMISSION"; SECTION 2
"ORGANIZATION AND ADMINISTRATION; SECTION 3 "POWERS, DUTIES AND
RESPONSIBILITIES"; SECTION 4 "ACQUISITION OF PROPERTY"; SECTION 6
"PROCEDURES FOR DESIGNATION OF HISTORIC DISTRICTS"; SECTION 8
"PROCEDURE FOR DESIGNATION OF HISTORIC PROPERTY OR LANDMAK;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State ofldaho; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 2
"Historic Preservation Commission"; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 2 "Historic Preservation Commission", Section 1 "Historic Preservation
Commission" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of 2-7 -1 to remain unchanged:
2-7-1: HISTORIC PRESERVATION COMMISSION:
A. There is hereby created a hHistoric p.ereservation eCommission which shall consist of five (5)
members who shall be appointed by the Mayor and confirmed by the eCity eCouncil.
Members shall serve without compensation and shall serve solely in an advisory role under
the authority of the Mayor and City Council.";
Section 2: That Title 2 "Historic Preservation Commission", Section 2 "Organization And
Administration" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows:
2-7-2: ORGANIZATION AND ADMINISTRATION:
A. Authority: As the commission is solely a recommending body, its authority is limited. The
commission shall only have the power to make whatever rules are necessary for the
execution of its duties as set forth in this chapter. The historic preservation commission shall
have no authority over the operations orand employees assigned to or doing work form the
Eagle Historical Museum.other commissions and committees duly appointed by the city
council. Rules of proeedUi'e and bylaws adopted by the commission and shall be li-'/ailable
for public inspection.
B. Chairperson: The commission shall elect a chairman and vice chairman from among the
commission members. The chairman shall preside at meetings of the commission. The vice
chairman shall, in the absence of the chairman, perform the duties of the chairman. The
authority of the chairman and vice chairman is limited to those enumerated in this chapter.
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C. Meetings: All meetings of the commission shall be open to the public, and follow the
requirements of Idaho's open meeting laws. In order to transact any commission business at a
meeting, a quorum of committee members is required to be present. A quorum is constituted
by the presence of a maiority of presently appointed commission members. The commission
shall meet at least semiannually and provide minutes of such meetings to the city clerk.
(Ord. 391, 5-8-2001). The commission shall also hold meetings at such other times as may
be called by the commission chairperson, the Mayor or City Council. The commission shall
keep mil'll.ttes and other appropriate ,witten reeords of its resolutions, proeeedings, and
aetions.
D. Records Kept: The commission shall keep accurate minutes and other appropriate written
records of its resolutions, proceedings and actions. Upon their approval, all records and
minutes shall be submitted to the City Clerk.
I)E. The commission may recommend to the Mayor city cOlHlcil the employment of or the
contracting with other parties for the services of technical experts or other persons, to assist
the commission in its functions. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)
E. The commission. shall meet at least semilHlB.l:lally and provide miootes of such meetings to the
eity elerk. (Ord. 391, 5 8 2001)
F. Compensation: The members of the Historic Preservation Commission shall serve without
compensation, except that their actual and necessary expenses shall be allowed by the City
Council. The City shall provide to the commission necessary and suitable equipment and
supplies to enable the commission to property transact and perform its essential business.
Section 3: That Title 2 "Historic Preservation Commission", Section 3 "Powers, Duties, and
Responsibilities" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of Title 2, Section 3 to remain
unchanged:
The comm.ission. shall be advisory to the eity cOlHlcil and shall be authorized to:
As the Eagle Historic Preservation Commission is solely a recommending body, its authority is
limited. The Commission shall only have the authority to execute the duties so enumerated in
this chapter. The commission shall serve in an advisory capacity to the Mayor and City Council
and shall be authorized to:
E. Draft and submit to the city council for approval, contracts with the state or federal
government, or any agency of either, or with any other organization for the pursuance of the
obiectives of historic preservation in accordance with this ordinance. As the participation of
the commission is purely advisory, it cannot enter into contracts, hire employees, or in any
way bind the City of Eagle to any contract or action. (Ord. 391, 5-8-2001)
G. Malee recommendations and othenvise p .earticipate in the planning processes undertaken by
Ceity of Eagleties, the county, the state, or the federal government and related agencies by
mMaki!!ge recommendations concerning historical preservation and the Hiistoric Museum to
the city council.
I. RecommendPromote and conduct educational and interpretive programs on historic
preservation and historic properties in the city.
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J. Enter private property, buildings, or structures in the performance of its official duties, but
only 'Nith the express consent of the O'Aner or occupant thereof.
lb. Recommend the nNominatione of properties within the city's jurisdiction to the national
register of historic places. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001) Participate in
the review of those nominated properties and provide comments to the state historic
preservation office.
K. Prepare and submit budgetary recommendations to the city council for annual expenditures
necessary to the continuation and development of public programs furthering historic
preservation; however, the participation of the commission is purely advisory.
1M. Provide recommendations and participate inconcerning -the establishment, operation and
development of an Eagle historical museum; however, this participation is purely advisory
and includes cooperating with and providing recommendations to the Eagle Historic Museum
Coordinator concerning the obiectives of historic preservation. The employees of the Eagle
Historical Museum, including the Museum Coordinator, are employees of the City of Eagle
and are supervised by the City Clerk. As such, they report directly to the City Clerk. They
are not subordinate to the Eagle Historic Preservation Commission.
M. To seek out and encourage contributions and grants for the benefit of historic preservation
from private and public sources and to advise and recommend to the City Council on the
allocation of such monies appropriated and/or granted and/or donated for such purposes.
(Ord. 380,4-24-2001 ).
Section 4: That Title 2 "Historic Preservation Commission", Section 4 "Acquisition Of
Property" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows:
2-7-4: ACQUISITION OF PROPERTY:
All lands, buildings, structures, sites, areas or objects acquired by funds appropriated by the city
shall be acquired in the name of the city and operated, supervised, maintained and controlled by
the City ooless otherwise provided by the city council. As long as ovmed by the city, historic
properties may be maintained by or under the supervision and control of the city. (Ord. 157, 10-
24-1989; amd. Ord. 391, 5-8-2001)
Section 6: That Title 2 "Historic Preservation Commission", Section 6 "Procedures for
Designation of Historic Districts" be and is hereby amended, in part, with the underlined text
added and the strikethrough text deleted to read as follows, with the remainder of Title 2, Section
6 to remain unchanged:
2-7-6: PROCEDURES FOR DESIGNATION OF HISTORIC DISTRICTS:
A. Designation of an historic district may be initiated by request from the council, or one or more
owners of property located within the area of the proposed district, or by a member of the
commission. Upon receipt of such a request, the commission shall make aft preliminary
investigation of the historic, architectural, archeological and cultural significance of the
buildings, structures, features, sites or surroundings included in the proposed district, based
on the criteria set forth in section 2-7-5 of this chapter. Upon completion of this
investigation, the commission shall prepare a report containing its findings and
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recommendations concerning the area to be included in the proposed historic district. (Ord.
306,9-9-1997; amd. Ord. 391, 5-8-2001)
Section 8: That Title 2 "Historic Preservation Commission", Section 8 "Procedure For
Designation Of Historic Property Or Landmark" be and is hereby amended, in part, with the
underlined text added and the strikethrough text deleted to read as follows, with the remainder of
Title 2, Section 8 to remain unchanged:
2-7-8: PROCEDURE FOR DESIGNATION OF HISTORIC PROPERTY OR LANDMARK:
A. Designation of an historic property or landmark may be initiated by request from the council,
upon the request of the owner of the property proposed to be designated, or on the
commission's own initiative. Upon receipt of such request, and under the authority ofthe
City Council, the commission shall make a preliminaryft investigation of the historical,
architectural, archeological and cultural significance of the proposed property or landmark
based on the criteria set forth in section 2-7-5 ofthis chapter. The commission shall also
consider the property's suitability for preservation or restoration; educational value; cost of
acquisition, restoration, maintenance, operation or repair; possibilities for adaptive or
alternative use of the property; appraised value and administrative and financial
responsibility of any person or organization willing to underwrite all or a portion of such
costs. Upon completion of this investigation, the commission shall prepare a report
containing its findings and recommendations concerning the proposed historic property or
landmark. If recommendations are positive, a draft of a proposed ordinance shall also be
prepared. The ordinance shall require that the waiting period set forth in subsection 8-9-8C of
this code be observed prior to the demolition, material alteration, remodeling or removal of
said historic property or landmark.
Section 9: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity
of the other provisions of this Ordinance or Eagle City Code.
Section 10: All prior ordinances or parts thereof, to the extent inconsistent herewith, are
hereby repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 11: This Ordinance, or a summary thereof in compliance with Section 50-901A,
Idaho Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this L!Lday of ~pf'; I
,2009.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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ATTEST:
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Sharon K. Bergmann
City Clerk! Treasurer
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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OrdlDsnce No. 623 f Idaho; that the sa~d
AN ORDINANCE OF THE CITY OF EAGLE, A,[)A COUNTY IOAHQ AMENI>IIW EAGLE Bee Ifill etlilielliUlies, _ 'irculation in the said
CITY CODE nTLB 28 "HISTORIC PRESEltVAnON'CO~,CHAP11i.R 7. f. ~ vicinity of Meridian,
-SECTION I, "HISTOlUCAL PRESERvATION COMM1S$l(>N"; .SBCUON 2'urisdictiontotheDlltiona1 been uninterruptedly
"'"'<loOOZAlJON ...., --'- - , "1'0-" .tinEs...., ~.''''200I)''''''''''ia,ty during a period of
RESPONsIBILITmS"; SECTION' .. .. ACQUISmON Of PROPEltTY";.. SEC1]ON 6 ~ to th8 stale hi"""'" h fi t
"PROcEDuRES FOR DESIGNATION OF HlSTOlUC OISTlUCTS"; SECTION. 8 , leeks prior to t e rsd
"P~ FOR. OBSIGNATION. OF Hl$TOlUC PROI'ERtv OR LANQMAK; "UIlci1 fur annual ~~_ I of which is attach~
PRoVJpING ASEVli:R.AJmJTy CLAUSE; AND PROVIDING AN EFFECTIVE DAm IlIIl'JlI filrtheriftll ~c )tice was published In
WHEREAS..the City of &gle, Idabl> is a mllllkipelllOlpOrBtion ~ and operating IIIldet 5' i2..' . "" r with Section 6?-108,
lbelawsoftheStateofIdaho;and .,.. . operatton~ :Jed, for .l.- tlme(s}
--............-....................__.....__2 . "" .. .:=, lue of said paper, and
"HiMorio~ Commission"; and The lmIDlovees (the Eaok er and not In a
~.~":.:..':"".YTllllMA__ClTYCOVNclLOF"'" ":."" -=.::.{~~~.~o;~~=
~ 1'h!lt Title i "Historic; Pnlservatioa ~", Sectioa 1 "Historic ~ 0:_ ~_ L\.J' ~ --l
Commissioa" be and is be:reby U\eIlded, ill pan, with lbe . underlined text .idded and the 'to the citY Councll oa ~ . ,
~ text cIeJetcd co read. ~/owr, with the remaiader of2-<1-) co remain unc:I1anpd: Ionated for such ~. ~
2-7-): WSTORIC PRES!iRVAnoN COMMISSION: 'c
I A.'TheIementbera is_.wIlo eby~.' .. bcappcQnteda~ by.~.' ~~~~.st~~fivt(.S) ~:n~t..=~n 2;1 Le. '2.cJo"l
Members shaU wve wi1flold eom~ shall !eM! sot..lv hi an lIIlvisow role.... I 1... '
lbe 8llthnritv of the MaYOr ~ City Cou.1Qjt. . . I ., [ "-IW\..'" .'Y"
SeeIioQ ~ That Title' 2 "Historic ~Commillsion", Section 2 ~ McI
~':=.d~. ::,:=:,:". in pan, with the llIIdediacd text added and th8 ~~by~City I STATE OF IDAHO)
----- . ' }SS
M-2: OR.GANlZAnoN AND ADMINISTRAnON: ,(Ord. 157, 10- I COUNlY OF ADA)
A.A~tv: ^'theeommissionis~lvat'CCOlrlrJu!ftdlll2bodv_its~wisllmitC!lThe " <>_.:._ 6 ...............__u "or'. . I 'In the year of 200~
commission shaUm_ th8 power to make whatever t1lIOs lire neIlllSSIry for the . \ ......'UW1.."""""""'.. 10.&..-
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~'!~U~IIIIIh,~........;d;;. . . . . -MIll".......... ImCTs. Ito the within instrument,
~1I11lJl1""', . . ~, . . _ . sworn declared that the
B'='-::-~.The'~~~~~.~~~.. .......~ I:.~~'l"on:f~more ~ckno~ledgedtomethat
I t"'''- --....... ""'--. ......"'" lbaJlmakellftpreliminao' -;,e executed the same.
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I ........."'................-.".,.........-............." ........................" -J.Notary Public for. Idaho
c Meeti~ AlIlneet.ill8S0fthecomm. is.~OD'shan..be.open. to. the flU. blie, and follOw the. . '. fDmpletion of this .
reqUi.rementsOf~'S9JlC1!meetingla"":h1Q1l1erto_~~:-;_hw;i'!l-atll Fitstindingsand Residin"Q at ~olse, 10
"~~~__CObe inc!udec.-hi the.proposed historic district. (0nI. xpires:~' 2,,1. L
306,9-9-1997; amd. 0rcI. 391, 5-8-2001) I
Sc:ction I; That. Title 2 "Historic "Pre$ervationConunission", SectiOn 8."~ For
~ Of Historic Property Or ~ be ~i. hereby llIReIlded. In )lIlI1, ~ the
underlined.tfiXt lIdded.and the stri.kethroughtes:t4dcted to read as fo1/owr,with the~ of
TttIe 2.Scetion 8toremain ~:,.\
2-7-8: PROCEOIJREFOR DBSroNAnONOF IDSTOJUC PROPERTY OR LANDMARK:
A. ~ of ~ hisklrie)llopelJty or Iandinatk may be initiated by request from the eouneiI,
- upon the request ofth8 0_ ofthe)llopelJty proposed to be~ or on the
I eonunission's own initia1ive. lJpon. receipt of such RlQuest, and IIIldet the authnrifv Itf ~
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