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Ord 007-2001 1/2/2001ORDINANCE NO. - O ORDINANCE AMENDING CHAPTER 2, ART. IV DIV. 5 OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Landmark Commission, a Commission appointed by City Council, has recommended amending Chapter 2, Article IV Division 5 of the Code of Ordinances; and WHEREAS, the City Council has determined that the changes recommended herein are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Sec. 2- 160.7. Historic landmark designation, is hereby amended to add as follows: (6) Is an existing or is proposed for recognition as a National Historic Landmark or Texas Historic Landmark, or is proposed for entry into the National Register of Historic Places. (7) Possesses significance in history, architecture, archeology, and culture. SECTION 2. Sec. 2- 160.7.1. (a) Landmark commission, is hereby amended as follows: (1) Of the nine (9) members, one (1) shall be a licensed real estate broker or appraiser, one (1) shall be a member of the planning and zoning commission, one (1) shall be member of the Wichita County Heritage Society, one (1) shall be a member from each or any historic district that shall either own property or reside within the district, two (2) shall be licensed or have expertise in the field of architecture, and three (3) shall be members at- large. (2) All members should have knowledge and experience in one of the following categories: architectural, economic, cultural, archaeological, or historical development of the city which prepare them for carrying out their duties on the commission, and they shall serve without compensation. SECTION 3. Sec. 2- 160.7.1. (b) and (c) Landmark commission, is hereby amended as follows: (b) Terms. Appointments shall be for a term of three (3) years, and thereafter until their successors are appointed. The initial terms shall be staggered by appointing three (3) members whose terms expire December 31, 1984, three (3) whose terms expire December 31, 1985, and three (3) whose terms expire December 31, 1986. (c) Proceedings. The landmark commission shall meet monthly or as agenda issues require and may hold other meetings as necessary. These meetings shall be open to the public. A simple majority of the members shall constitute a quorum and at least five (5) affirmative votes shall be necessary to carry out any action of the commission. The commission shall adopt appropriate guidelines and procedures relating to the provisions of this division and for the conduct of its business. There shall be a Chairperson and Vice - Chairperson selected by the Commission. The Chairperson and Vice - Chairperson shall serve one year terms and shall be elected at the first meeting of each calendar year. The Chairperson and Vice - Chairperson may be re- elected. SECTION 4. Sec. 2- 160.7.3 Exterior alterations to landmarks, is hereby amended as follows: Application to the Landmark Commission shall be made prior to any alteration to the exterior of any part of a landmark or prior to the construction, reconstruction, demolition, removal, or relocation, except routine maintenance of any site within a designated historic district. (1) The application shall be reviewed at a public hearing; and a decision for approval, continuance, or disapproval shall be made within thirty (30) days after review by the landmark commission. An application for demolition, removal, or relocation must be accompanied by an application to remove the designation as a landmark. (5) An application shall be considered submitted when the landmark commission begins deliberations on the project. The need for additional information shall extend the application submittal period for an additional thirty (30) days. Should the information not be forthcoming during that period, the application shall be considered null and void. SECTION 5. Sec. 2- 160.7.4. Criteria, is hereby amended as follows: To preserve the integrity of historical districts or landmarks that may be designated by the city council, the following design criteria shall be used to compare and evaluate individual structures presented for design review. The intent of these criteria is to assure the preservation of the architectural and historic character of the structures located within the historical district or landmark. The criteria guidelines, Section (1)(a) through (j) have been adapted from the Secretary of the United States Department of the Interior's revised regulations (36 CFR 67 -1983) for `Standards for Rehabilitation of Historic Buildings.' The criteria provide guidelines for the restoration of existing structures and assure that new construction will blend with the existing character of the area. New additions or alterations to a structure or landmark and /or its environment are subject to review by the Landmark Commission, unless the essential form and integrity of the structure and /or its environment would be unimpaired by the removal of said additions or alterations at a later date. SECTION 6. Sec. 2- 160.7.6.1 Enforcement, legal procedures and penalties, shall be added as follows: Sec. 2- 160.7.6.1. Enforcement, Legal Procedure and Penalties It shall be the duty of the City to enforce this ordinance. Any person, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be guilty of a 'Class C' Misdemeanor Offense punishable by a fine not to exceed $500.00. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and each day that the violation is maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 7. Sec. 2- 160.7.7. Designated Wichita Falls landmarks and districts, is hereby amended in its entirety as follows: The following are designated as landmarks: (1) A historic district, to be known as the Depot Square Historic District, is hereby established, to consist of the following area: Beginning at a point at the southeast corner of Fifth Street and Indiana Avenue, said point also being the intersection of the east right -of -way line of Indiana Avenue and the south right -of -way line of Fifth Street; Thence southerly along the east right -of -way line of Indiana Avenue to the southwest corner of Lot 11, Block 139, Original Townsite; Thence easterly along the south line of Lot 11, Block 139 to a point, said point being the west line of a twenty five foot wide north -south alley in Block 139; Thence southerly along the west line of said alley, crossing Sixth Street and continuing in Block 152 to a point, said point being the southeast corner of Lot 10, Block 152; Thence westerly along the south line of Lot 10, Block 152 to a point of intersection with the east right -of -way line of Indiana Avenue; Thence southerly along said line crossing Seventh Street to a point of intersection with the south right -of -way line of Seventh Street, said point also being the northwest corner of Lot 14, Block 163, Thence easterly seventy -five (75) feet along the north lot line of Lot 14 to a point in the north lot line of Lot 14, Block 163; Thence southerly one hundred (100) feet to a point in the south line of Lot 13, Block 163, said point being seventy -five (75) feet east of the southwest corner of said lot; Thence easterly seventy -five (75) feet to a point in the west line of a twenty -five (25) foot alley; Thence southerly along said line, crossing Eighth Street into Block 176 to a point, said point being the southeast corner of Lot 12, Block 176, Thence easterly to a point of intersection with the east right -of -way line of Ohio Avenue, said point also being the southeast corner of Lot 3, Block 176; Thence northerly fifty (50) feet to the southeast corner of Lot 2, Block 176; Thence easterly across Ohio Avenue to the southwest corner of Lot 13, Block 177; Thence easterly along the south line of said lot, crossing a twenty -five (25) foot wide alley to the southeast corner of Lot 2, Block 177, said point also being in the east line of Block 177; Thence northerly one hundred (100) feet to the northeast corner of Block 177; Thence northerly across Eighth Street to the southeast corner of Block 162; Thence northerly along the east line of Block 162, across Seventh Street to a point of intersection with the west right -of -way line of the M.K. & T. Railroad; Thence northerly along said right -of -way line to a point of intersection with the south right -of -way line of Fifth Street closed by Ordinance 140; Thence westerly along the south line of Fifth Street, crossing Ohio Avenue to the place of beginning. In addition, the Depot Square Historic District shall include any structure walls abutting the alley on Lots 8 through 12, Block 163, abutting Seventh Street on Lot 14, Block 163, and abutting the alley on Lots 12 through 14, Block 176. (Ord. No. 38 -00; 4- 18 -00) (2) Memorial Auditorium at 1300 7th Street, further described as Lots 1 and 2, Block 238, Original Townsite, is hereby designated as a Wichita Falls Landmark. (3) Kell House at 900 Bluff, further described as Lot 1 and the north 70.67 feet of Lot 2, Block 235, Original Townsite, is hereby designated as a Wichita Falls Landmark. (4) First United Methodist Church at 909 10th Street, further described as Lots 8, 9 and 10, Block 192, Original Townsite, is hereby designated as a Wichita Falls Landmark. (5) The Woman's Forum of Wichita Falls, Inc. at 2120 Speedway Avenue, further described as Lot 9, Block 12, Country Club Estates Addition, is hereby designated as a Wichita Falls Landmark. (6) The Episcopal Church of the Good Shepherd at 1109 Tenth Street, further described as Lot 7A, Block 190, Original Townsite, is hereby designated as a Wichita Falls Landmark. (7) The Hardy- Chambers House at 1100 Travis Street, further described as Lots 1 & 2, Block 202, Original Townsite, is hereby designated as a Wichita Falls Landmark. (8) The Hardin Administration Building of Midwestern State University at 3400 Taft Boulevard is hereby designated as a Wichita Falls Landmark. (9) Dr. Fanous' office at 1411 9th Street is hereby designated as a Wichita Falls Landmark. (10) The Berry Brown House at 1400 Travis Avenue is hereby designated as a Wichita Falls Landmark. (11) The Hamilton House at 1106 Brook Avenue is hereby designated as a Wichita Falls Landmark. (12) The Weeks -Estes House at #1 Crestway is hereby designated as a Wichita Falls Landmark. (13) The Lillis Morgan House at 1808 Elizabeth Avenue, Wichita Falls, Texas is hereby designated as a Wichita Falls Landmark. (14) The Kell Field Air Terminal located at Sheppard Air Force Base is hereby designated as a Wichita Falls Landmark. (15) The Kemp Wholesale Grocery (currently Big C Appliance) at 500 Eighth St., Wichita Falls, Texas is hereby designated as a Wichita Falls Landmark. (16) The Kemp Public Library at 1300 Lamar Street, Wichita Falls, Texas is hereby designated as a Wichita Falls Landmark. (17) The Elks Home at 1005 Ninth Street, Wichita Falls, Texas, further described as Lots 1, 2 and parts of 3 and 4, Block 186, Original Townsite, is hereby designated as a Wichita Falls Landmark. (18) The Central YMCA at 1010 Ninth Street, Wichita Falls, Texas, further described as Lots 8, 9 and 10, Block 172, Original Townsite, is hereby designated as a Wichita Falls Landmark. (19) The Kemp /Kell Depot at 503 Eighth Street, Wichita Falls, Texas, further described as Lots 1 and 2, Block 177, Original Townsite, is hereby designated as a Wichita Falls Landmark. (20) The building location at 616 Seventh Street, Wichita Falls, Texas, further known as Lot 2, Jalonick Subdivision out of Lots 8 and 9, Block 152, Original Townsite, and formerly known as Toodles. (21) The building located at 900 Eighth Street, Wichita Falls, Texas, further known as Lots 6 and 7, Block 166, Original Townsite, and commonly known as the Hamilton Building. (22) The building located at 701 LaSalle Street, Wichita Falls, Texas, further known as Lot 1, Block 162, Original Townsite, and commonly known as the Littlest Skyscraper (23) The Graham B. Purcell Building /Federal Post Office at 1000 Lamar Street, Wichita Falls, Texas, further known as Lots 1 through 5, Block 192 Original Townsite. (24) The Cline - Bridwell Mansion, a residence located at 3100 Hamilton Boulevard, Wichita Falls, Texas, further known as Lots 1 and 2, Block 6, Country Club Estates Addition, and commonly known as the White House. SECTION 8. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 2nd day of January 2001. ATTEST: City Clerk AYO • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1262731 Here ORDINANCE NO. is 17th day of January 2001 .A D personally appeared before mw, ORDINANCE AMEND- ING CHAPTER 2, ART. 1dersigned authority, Saundra Barnett, bookkeeper for the Times Publishing IV DIV. S OF THE CODEF OF ORDINA AND NC-- any of Wichita Falls, publishers of the Wichita Falls Times/Record News, a ESNG T E R M I N I N G THAT la per published at Wichita Falls in Wichita Count Texas, and upon being THE MEETING AT py, WHICH THIS ORDI- NANCE WAS PASSED worn by me, on oath states that the attached advertisement is a true and WAS OPEN TO THE PUBLIC AS REQUIRED t copy of advertising published in one ( 1) issues thereof on the following BY LAW. uaLCs : January 14th, 2001. L Saundra Barnett Bookkeeper for the Times Publishing Company of Wichita Falls (Seal) Subscribed and sworn to before me this the day and year first above written: (PRYPV /�' N9T ' P • �S.FkOPoEs "V 17 200 ' . s,•.•..,..