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HomeMy WebLinkAboutOrdinance 1010 not passed ')1~ Q ,~f ~' '\\/'\ \' '\1'\/' "'i IJ i FIRST READING: 8-18-87 SECOND READING:~9-15-07 ~ ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CREATING THE OCOEE HISTORIC PRESERVATION COMMISSION AND THE OCOEE HISTORIC PRESERVATION SOCIETY; PROVIDING FOR SEVERABIL- ITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of Ocoee, Florida applauds the efforts of the heretofore voluntary organization of interested Ocoee citizens comprising the Ocoee Historic Preservation Com- mission; and . WHEREAS, the City Commission perceives the need for an offi- cial appointed Historic Preservation Commission which will have the author i ty to maintain trust funds and apply for grants and loans on behalf of and in favor of, all of the citizens of Ocoee; NOW, THEREFORE, the City Commission of Ocoee, Florida hereby ordains as follows: 1. Purpose. The City Commission hereby creates the Ocoee Historic Preservation Commission, a body corporate, the purpose and function of which is: (a) To acqui re, restore, preserve, maintain, recon- struct, reproduce, and operate for the use, bene- fit, education, recreation, enjoyment and general welfare of the people of the City of Ocoee, Florida, this state and the nation certain ancient or historic landmarks, sites, cemeteries, graves, military works, monuments, locations, remains, buildings, and other objects of historical or antiquarian interest of the City of Ocoee, Florida. The selection for acquisition, restoration, preservation, maintenance, recon- struction, reproduction, and operation shall be guided by the Histor ic Commission based on criteria of historical evaluation as established by the Division of Archives, History and Records Management of the Department of State. . (b) To research, prepare, publish and procure for the use and benefit of the general public, books, reports, articles, pamphlets, brochures, docu- ments, maps, photographs, films, sound recordings and other products of similar nature and further- ance of the protection and preservation of and the dissemination of information about historic sites and properties as well as persons, places, events, conditions, objects, patterns, behaviors, records and times pertaining to Florida history and the history of Ocoee, in particular, which products may be used by the Historic Commission or may be made available for use by or distributed by the Historic Commission to any person or entity, public or private, with or without charge or profit. 2. Membership. The Histor ic Commission shall consist of five (5) members. Each city commissioner and the mayor shall appoint one (1) citizen of Ocoee to the Historic Commission. The term of each member of the Historic Commission shall coincide with the regular term of the City Commissioner who appointed him or her. In the event a vacancy should occur on the Histor ic Commission, a new appointment shall be for the unexpired term only. Members shall be chosen on the basis of their special interest in the historical aspects of Ocoee and shall be citizens of Ocoee. services. The members shall receive no compensation for their 3. Organization. Within fifteen (15) days after the appointment of its membership and annually thereafter, the Historic Commission shall hold an organizational meeting at which it shall elect from its membership a chairman, a vice-chairman, and a secretary-treasurer. No business shall be transacted by the Historic Commission except at a regular or specially called meeting at which a quorum is present and the minutes thereof recorded. Permanent records shall be maintained which shall reflect all official transactions of the Historic Commission. . 4. Finances. The Treasurer shall be ex-officio treasurer of the Historic Commission and shall have the custody of all its funds to be kept in a special account. All receipts and dis- bursements of the Historic Commission shall be handled subject to the same laws, rules and regulations as municipal funds are handled. 5. Independent Audi t. The Histor ic Commission shall pro- vide for an independent annual audit of all funds and accounts and may provide for more frequent audits if it deems necessary. Audits shall be made by certified public accountant or a firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the City, any of its officers, the Historic Commission or any of its members. The Historic Commission may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audi t, the Historic Commission may accept it as satisfying the requirements of this section. 6. Powers of the Board. The Board shall be the governing body and have the power to: (a) Adopt a seal and alter it at pleasure. (b) Contract and be contracted with, sue and be sued, and plead and be impleaded in all courts of law and equity. (c) Exercise any power not in conflict with the Constitution of the State or of the United States or of the Ocoee Ci ty Charter, which is usually possessed by appointive boards and commissions performing comparable functions. (d) Establish an office for the conduct of its affairs. . (e) Acquire, hold, lease and dispose of real and per- sonal property or any interest therein for its authorized purpose. (f) Plan buildings and improvements; demolish existing structures; const ruct, reconstruct, alter, repai r and improve its facilities wherever located. (g) Acquire in its own name by purchase, grant, devise, gift or lease, on such terms and condi- tions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights - 2 - I . (h) ( i) ( j ) or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the Historic Commission, but only for the purposes for which it is created. No property shall be ac- quired under the provisions of this part upon which any lien or other encumbrance exists, un- less, at the time the property is so acquired, a suff icient sum of money is to be deposi ted in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or ceme- tery association or is presently used as a his- torical attraction. Employ and dismiss at pleasure consulting engi- neers, architects, superintendents or managers, accountants, inspectors, attorneys and such other employees as are deemed necessary and to prescribe their powers and duties and to fix their compen- sation. Draft a historical plan of development plan for the Ci ty of Ocoee; and the Histor ic Commission shall have the authority to recommend to the Ocoee City Commission the creation of a historical district or districts which shall include any section or sections of the City containing buildings, landmarks, sites, and facilities of histor ical or archi tectural value and having an overall atmosphere of architectural or historical distinction. Such facilities have historical or architectural value shall be designated by the Histor ic Commission on the basis of cr iter ia of historical evaluation established by the Division of Archives, History and Records Management of the Department of State. Acquire from the City of Ocoee, Orange County, the state, the United States or any state thereof, or any foreign county or colony any existing prop- erty, real or personal now owned by it or here- after acquired, suitable for the uses of the Historic Commission and to improve, operate, and maintain the same for the purpose herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe. (k) Enter into contracts wi th the Ci ty of Ocoee or Orange County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient. . (1) Contract with any agency of the state, the Federal Government, the City of Ocoee, the County of Orange, or any firm or corporation, upon such terms and condi tions as the Histor ic Commission finds in its best interest, wi th respect to the establishment, construction, operation, and financing of its facilities. (m) Make and enter into contracts or agreements wi th private individuals, corporations, organizations, historical societies, and others with reference to facilities and to enter into contracts and agree- - 3 - ments, with or without competitive bidding as the Histor ic Commission determines, which are neces- sary, expedient or incidental to the performance of its duties or the execution of its powers under this part. . (n) Engage in any lawful business or activity deemed by it necessary or useful in the full exercise of its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the Historic Commission is created. (0) Fix and collect charges for admission to any of the facilities operated and maintained by the Histor ic Commission under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the visiting public. (p) Bor row money for any of its author i zed purposes and for expenses incidental thereto, including expenses incurred dur ing the per iod of organiza- tion, restoration, and construction prior to the operation of the facilities of the Historic Commission, and to issue negotiable revenue certificates payable solely from revenue for the operation of such facilities and from authorized activities incidental thereto. (q) Cooperate and coordinate all of its activities on a permissive basis through any statewide com- mission, including the Division of Archives, History and Records Management, and to participate in any overall statewide plan of historical development. (r) Cooperate and coordinate its activities with any national project of histor ical development, such as a national seashore, and to coordinate and cooperate with any other agency, state, local or national, undertaking historical objectives if the same are not in conflict with the objectives of the Historic Commission. . (s) Research, prepare, publish, and procure books, reports, articles, pamphlets, brochures, docu- ments, maps, photographs, films, sound recordings, and other products of a similar nature in fulfill- ment of its purpose and function for use by the Historic Commission or for use by or distribution to any person or entity, public or private, with or without charge or profit. (t) Perform all lawful acts necessary and convenient and incident to the effectuating of its function and purpose. 7. Architectural Review Board. The City Commission shall sit as the Architectural Review Board and shall have the follow- ing powers and duties: (a) To approve or disapprove plans for buildings to be erected, renovated or raised which are located or are to be located, within the historical district - 4 - or districts, if any are designated by the His- toric Commission. (b) To prescribe the procedure for the review of plans for the erection, renovation, or razing of any building which is located or to be located within the des ignated histor ical dist r ict or di st r icts, including rules and governing decisions of the Archi tectural Review Board and the procedure for appeal from decisions of the Architectural Review Board. . (c) The Ci ty Commission shall have the author i ty to utilize its employees in the enforcement and regulation of the provisions of this ordinance. (d) The expenditures of the Architectural Review Board shall be within the amount appropriated for its purpose by the City Commission. (e) The designation and preservation of buildings and structures within any historical district or districts established under this section and the control of the erection, alteration, addition, repair, removal or demolition of new or existing buildings or structures, signs and any such facili ties or appurtenances thereto, to insure a perpetuation of its or their historical character, is designated to be a public purpose. 8. Ocoee Histor ic Preservation Society. There is hereby created the Ocoee Historic Preservation Society which shall be comprised of any and all persons interested in the historic pre- servation of the City of Ocoee. The Society may elect officers, hold periodic or regular meetings, assist and advise the Historic Commission. 9. Severabili ty. If any section or portion of a section or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this ordinance. 10. Conflicts. All ordinances or parts or ordinances in conflict herewith are hereby repealed. 11. Effective Date. This ordinance shall take effect immediately upon passage and adoption. FIRST READING: SECOND READING: . ADOPTED: CITY OF OCOEE By: THOMAS ISON, Mayor ATTEST: HELEN CATRON, City Clerk H047LJBMOI-R2 8/5/87 - 5 -