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07-10-2014 RevisedSchertz Historical Preservation Committee By -Laws Ratified: April 17, 2008 As Amended: June 19, 2008 March 19, 2009 April 16, 2009 July 22, 2010 April 28, 2011 January 24, 2013 April 25, 2013 July 10, 2014 ARTICLE I Name and Location Section 1.1 The name of the Committee Shall be the Schertz Historical Preservation Committee, referred to herein as the Committee. Section 1.2 The office of the Committee is to be the City of Schertz Mayor's Office located at, 1400 Schertz Parkway, Schertz, Texas 78154. Section 1.3 All mail shall be directed to the Committee through the City of Schertz Secretary at the above address. City of Schertz, Texas Historical Preservation Committee By -Laws 2 ARTICLE II Purpose Section 2.1 A. Maintain an organizational structure to allow for the conduct of meetings, management of the committee and maintenance of records. B. Assign and monitor sub - committees, programs and projects. Section 2.2 A. Collect, authenticate, assemble, display and archive artifacts, documents, photographs, structures, and places of historical interest. B. Record (in manuscript form or vocally) for retention the memories and knowledge of individuals about people, places and events relating to the City of Schertz. C. Designate historical structures and sites in the City of Schertz. D. Establish and maintain a museum about the City of Schertz. E. Sponsor and present programs and performances to the public. Research, record and publish historical information regarding people, places and events that have contributed to the development of the City of Schertz located in Guadalupe, Bexar and Comal counties. Section 2.3 Encourage community interest and involvement in the historical preservation of those activities set forth in Section 2.2 above. Section 2.4 Raise funds to be used for acquisitions and other Committee expenses in it's endeavor to preserve the history of the City of Schertz. City of Schertz, Texas Historical Preservation Committee By -Laws 3 ARTICLE III Membership and Meetings Section 3.1 Membership shall be open to any resident who holds an interest in historical preservation and documentation of Schertz, Texas. Section 3.2 All members shall be volunteers who are unpaid and uncompensated. Section 3.3 All members must agree to abide by these by -laws. Section 3.4 The number of "appointed" members shall be no more than fourteen (14). Their appointment shall originate from nominations placed before the Schertz City Council. The "appointed" members shall be the only authorized voting members on Committee activities. "Non- appointed" members shall be received simply by showing an interest in Committee activity and presenting themselves at scheduled Committee meetings. "Non appointed" members shall not have a vote on Committee business. Section 3.5 Meetings of the Committee will be held quarterly on the forth Thursday of the months of January, April, July and October at 6:30pm, unless there is a schedule conflict that demands a temporary deviation from that schedule. A quorum (50% of members) must be present for a Committee meeting to begin. If a quorum fails to be achieved or maintained during the course of a meeting no binding votes will be taken until a quorum is again achieved. Section 3.6 An agenda will be prepared by the Chairperson and provided to the City Secretary at least four (4) days prior to the scheduled meeting date. Agendas will establish the date, time and place of the meeting and list of discussion items. Section 3.7 (Amended 7- 10 -14) Members shall be expected to attend meetings as scheduled and if unable to attend a particular meeting the member shall notify a committee officer to announce his or her expected absence. Should a member be absent for two or more consecutive meetings for reasons other than health related circumstances the committee may presume that his or her personal business or family commitments are such as to warrant release from the committee membership. The Committee chairman will notify the member in writing (through postal or email) of his or her release from committee membership as of the date of the committee meeting. City of Schertz, Texas Historical Preservation Committee By -Laws 4 ARTICLE IV Officers Section 4.1 Officers shall consist of a Chairperson, Vice Chairperson, Secretary, and Treasurer. Additional officers may be added by a two - thirds affirmative vote. Section 4.2 Nominations and voting for officers shall occur at the January meeting. The only exception to this time schedule shall be the nominations and vote for the initial slate of officers. Officers will assume their positions at the April meeting or in the case of the initial slate of officers, at the time of member voting. The nominee receiving a plurality of votes will be deemed the selected candidate for the officer position under consideration. Section 4.3 The term of office for all officers shall be one year except for the initial slate of officers who will serve until the next scheduled election. Section 4.4 Officers shall not jointly or individually enter into any legally binding contract on behalf of the Committee. Section 4.5 In the event that an officer is unable to complete his or her term of office, the membership will nominate and vote on a replacement and the newly selected officer will assume the officer post as of the date of the vote. City of Schertz, Texas Historical Preservation Committee By -Laws ARTICLE V Duties of Officers Section 5.1 Chairperson. The Chairperson shall preside at all meetings and perform all executive functions of the Committee and shall appoint all subcommittee chairs. The Chairperson shall be responsible for all meeting notices. The Chairperson shall be an ex- officio member of all sub - committees. Section 5.2 Vice - Chairperson. The Vice - Chairperson shall, in the absence of the Chairperson, preside at all meetings and perform all executive functions of the Committee. Section 5.3 Secretary. The Secretary shall maintain written minutes and keep attendance records of all general membership meetings and prepare correspondence from the committee. The minutes shall be presented for correction and approved at the next Committee meeting. Section 5.4 Treasurer. The Treasurer shall serve as custodian of all Committee funds. All money collected shall be placed into the possession of the Schertz City Fiscal Office for deposit into the City of Schertz General Fund. Committee expenses shall be processed through the Treasurer who, in turn, will forward same to the appropriate office within the City of Schertz for reimbursement. Expenditures requiring reimbursement by the City of Schertz must first be brought before the Committee membership for a majority vote of approval /disapproval. The Treasurer shall prepare an annual written report of all income and /or expenditures for each calendar year and submit such to the general membership no later than the first meeting of the calendar year. The report shall also contain an inventory of all property in possession or custody of the Committee. City of Schertz, Texas Historical Preservation Committee By -Laws 6 ARTICLE VI Sub - committees Section 6.1 There will be a permanent subcommittee in support of archival and curator functions. Section 6.2 Subcommittees will be created based on need and activity. Section 6.3 The Committee chairperson will create all sub- committees. An "appointed" committee member will serve as the sub - committee chairperson. "Non- appointed" members can be selected to serve on a subcommittee. Article VII Parliamentary Authority Section 7.1 The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Committee activities so long as they are not inconsistent with these by -laws and any special rules the Committee may adopt. ARTICLE VIII Amendments Section 8.1 These by -laws may be amended by a two - thirds affirmative vote of the present and "appointed" members voting at a Committee meeting, provided a full text of such amendments has been distributed to every member at the previous general meeting, or by mail or electronic mail (e- mail). Every effort must be made to notify all members of proposed changes. City of Schertz, Texas Historical Preservation Committee By -Laws 7 ARTICLE IX Publications Section 9.1 The Committee will obtain permission from the owner (when known) to place pictures and articles in Committee publications. Section 9.2 The Committee will conform to the highest professional standards of publishing, editing and writing. Section 9.3 Anyone seeking to publish materials in the name of the Committee will submit such to the Committee for review by the membership and for vote (two- thirds of "appointed" members present for voting) of approval to publish in the name of the Committee.. Section 9.4 News releases being made on behalf of the Committee will be first coordinated with the Committee Chairperson prior to release. ARTICLE X Committee Property and Possessions Section 10.1 Property and possessions of reasonable value owned by the Committee or on loan to the Committee shall be kept at a Committee officer's home until such time that an appropriate museum or Committee office is available. The officer maintaining custody of the material shall be the person to grant access to such materials and shall assure reasonable protection for such materials while in his or her custody. At such time as a facility is available all property shall be moved to the designated facility where it will be placed under secure conditions (i.e., controlled access and under locking conditions). Section 10.2 Property and possessions of the Committee shall be listed in the Treasurer's Annual Report as referenced in Section 5.4. City of Schertz, Texas Historical Preservation Committee By -Laws 8 Section 10.3 If the Committee is dissolved, all property and possessions shall be turned over to the City of Schertz. ARTICLE XI Designating Property as Historically Significant Section 11.1 Property ( papers / photographs /documents /artifacts, etc.) presented /gifted to the Committee for retention as historical material(s) will be brought before the Committee for evaluation and assessment. Section 11.2 Committee members will be advised as to the origin of the material(s), their history, significance as historical material(s), conditions of donation or loan, expense associated with retention, and requirements for preservation. Section 11.3 A two - thirds affirmative vote by "appointed" Committee members will be required for material(s) to be accepted into the archive inventory or to be received on loan. A completed Deed of Gift of Historical Material form must be completed prior to any item being placed in inventory. A completed Contract for Loan form must be completed for any item loaned to the committee. Section 11.4 All material(s) accepted into the Committee archive inventory will be properly logged into the Committee property records maintained by the Archive Subcommittee. An annual independent property audit will be done and results presented to the full committee no later than the second meeting of each calendar year. The Committee Chairperson will select an auditor from among the Committee's membership. City of Schertz, Texas Historical Preservation Committee By -Laws 9 ARTICLE XII Committee Budgeting Section 12.1 The Committee Chairperson and /or a subcommittee appointed by the Chairperson shall develop a proposed budget for approval by the full Committee that covers Committee expenses for the period October 1 st of the current year to September 31 st of the following year. The proposed budget document will be formatted in accord with budget submission requirements of the City of Schertz. The proposed budget will be submitted to the full Committee for approval at the monthly meeting prior to the budget call submission date established by the City of Schertz. A two - thirds vote of approval by Committee members present and voting will be required for acceptance of the proposed budget. Following Committee approval, the proposed budget will be forwarded to the City Managers Office for review and consideration for inclusion in the overall City budget. Section 12.2 The allocation of funds between each `Category/Element of Expense' shall be subject to adjustment throughout the budget period as the Committee identifies the need for such adjustments. All allocation adjustments shall be presented to the Committee for vote prior to being undertaken. A two - thirds vote of Committee members present and voting will be required for passage of an allocation adjustment. Should expenditures of any one `Category/Element of Expense' become exhausted prior to the close of the budget cycle, an allocation adjustment between that category and another will be allowable in order to assure continued funds availability for those type expenses. Any allocation adjustment request must stipulate that the overall Committee budget limit will not be exceeded by the requested action. Should budget allocation adjustments be made during the budget year they will be recorded both in the Committee minutes as votes are recorded and in the Committee's Annual Report as adjusted 'Allocated Funding' figures with a footnote to designate the date of Committee approval for the City of Schertz, Texas Historical Preservation Committee By -Laws 10 adjustment. Any budget adjustment actions by the Committee will be promptly reported to the City Manager's Office with the date of Committee approval noted. ARTICLE XIII Committee Expenditures and Member Expense Vouchering Section 13.1 Expenditures by members of the Committee shall be reimbursed by the City of Schertz in accordance with the city's General Procurement Guidelines as set forth in the City of Schertz Purchasing Policy. The following procedures will be followed: (1)Individual Items costing more than $50 must be pre- approved by the Committee before being purchased and will be accomplished via the submission of a purchase order to the Purchasing Department to ensure the lowest price is obtained from a reputable dealer. (2) Any purchase of $1,000 or more must be accomplished via a request for purchase order issuance through the Schertz Purchasing Department to assure the lowest price is obtained from a reputable dealer. (3) Other purchases by a committee member in support of the Committee's work will be submitted to the Committee Chairperson through the Treasurer for payment. The vehicle for submitting the expenses will be the Committee Invoice document attached to the Committee Letter of Request for Fund Disbursement. (4) All requests for expense reimbursement will be brought before the full Committee for approval by a majority vote. (5) Receipts will be required to support an Invoice. If no receipt is available an explanation for its absence will be provided. (6) Once Committee approval is obtained, the Committee Treasurer will forward the expense reimbursement package (keeping a copy) to the City Finance Department for processing and payment. City of Schertz, Texas Historical Preservation Committee By -Laws 11 ARTICLE XIV Designations Section 14.1 Authority: Per Section 21.3.681 (Boards and Commissions) of the Schertz Unified Development Code (UDC) the Committee (Commission) shall have the authority those duties and approval authorities as granted by the ordinance establishing the Committee (Commission). Section 14.2 Designation of Historic Districts. The City of Schertz Code of Ordinances, Article 5 (Zoning Districts), Section 21.5.1 (Purpose and Applicability) provides that, among other purposes, the purpose of the (City of Schertz) zoning regulations and districts is "protecting and preserving places and areas of historical, cultural and /or architectural importance and significance within the City limits. To encourage the preservation of areas, structures, buildings and residences of significant historic an cultural value to the City and its residents, the Committee (Commission) is to provide the means by which citizens, organizations and /or Committee members can nominate areas, structures, buildings and residences for designation as a historic district properties. Historic districts are defined as any significant concentration, linkage, or continuity of sites or structures united historically, architecturally, archaeologically, or culturally, by plan or physical development. The designations will be accomplished through the following process: (1) an application for designation (Appendix A, Section A) as a historic district will be presented to the Committee by a nominator. (2) a majority vote of Committee members present and voting (vote to be based on the historical merits of the application presented to the Committee by the nominator). Historic District designation will require a 51% approval vote of the property owners of the affected area. The designation as a Historic District will carry with it legal restrictions as set forth in the City Cod or Ordinances. (3) the application with Committee recommendation for approval or disapproval will be provided to the City Council via the City Manager's office. City Manager to staff the application with staff representatives as deemed appropriate. (4) City City of Schertz, Texas Historical Preservation Committee By -Laws 12 Council vote approving or disapproving the historic designation. Council to adopt any resolution /amendment to City Code as needed for implementation of the designation process. Council to direct action by City staff to assure appropriate tax, property, and zoning offices /commissions affected by the designation action are notified. (5) nominator notified of final approval /disapproval of designation. Section 14.3 Designation of Heritage Neighborhoods. A heritage neighborhood will be defined as one in which are contained multiple landmark properties meeting the definition of such in Section 14.4. below. There will be no legal restrictions set on any such neighborhood or individual property contained therein. The vote of a majority of Committee members in favor or against establishment of such a neighborhood will determine its selection. Nominations for such a designation can be made by any person or group interested in doing so using the application form in Appendix A. The procedures set forth in item (3) (4) and (5) of Section 14.2 will apply. Section 14.4 Designation of Landmark properties. A landmark property is defined as any property that presents itself as a unique feature of the City of Schertz landscape (community) due to either its nostalgic, aesthetic, architectural, or symbolic attributes and which could or will have an enduring impact on the community's cultural identity. There will be no legal restrictions placed on any such properties. A property will be granted selection as a landmark property by means of nomination for such status by any person or group interested in doing so using the application form in Appendix A. The Committee will vote on the nomination and thereafter present any positive votes to the City Council for final approval. Section 14.5 Certificate of Appropriateness. Any facility (home or business) situated in an area designated as a "Historic District" for which any exterior changes are proposed to be made that would affect the historic, archaeological, architectural or cultural significance of the site or structure, shall file an application for certification of City of Schertz, Texas Historical Preservation Committee By -Laws 13 appropriateness with the Committee. The certificate of approval will allow the Committee to review the proposed alteration /demolition /new construction project and evaluate its affect on the historical integrity of the area /structure. Applications for a certificate of appropriateness will be completed using the same application set forth for applying for designation (Appendix A, Section B). Each application shall include maps, color samples, plans and other necessary data and documents required to allow the Committee to fully evaluate the proposed project. Applications for certification shall be approved, approved with modifications, or rejected by the Committee. Once approved by the Committee the application will be forwarded to the City Manager's Office for appropriate review by the City Inspections Department and the application of fees if needed. Upon review by City staff, the applicant will be notified by the Committee of approval or denial of the project. Certificate of appropriateness shall expire automatically, unless extended by the Committee, if: (1) the work has not commenced within six months and been completed within one year from the date of issuance of the certificate of appropriateness (2) new construction, the work has not been commenced within one year and been completed within three yeas from the date of issuance of the certificate of appropriateness. END OF BY -LAWS City of Schertz, Texas Historical Preservation Committee By -Laws 14 Appendix A Application for Landmark or Heritage Neighborhood Designation AND Certificate of Appropriateness Request This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the Schertz city limits or its extra territorial jurisdiction (ETJ) areas, designated as either a Landmark Property or a Heritage Neighborhood. "Landmark" shall mean any site or structure, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared as such by a majority vote of the Schertz City Council that qualifies under the definition set forth in Section 14.4 of the SHPC By -laws and /or the City of Schertz Unified Development Code (UDC). "Heritage Neighborhood" shall mean the same as stated under Section 14.3 of the SHPC By -laws and /or the UDC. NAME OF APPLICANT / NOMINATOR ADDRESS OF APPLICANT /NOMINATOR RELATIONSHIP OF APPLICANT/NOMINATOR TO AFFECTED PROPERTY(S) TELEPHONE NUMBER NOMINATION FOR: E -MAIL (Landmark Property /Heritage Neighborhood) City of Schertz, Texas Historical Preservation Committee By -Laws 15 NOMINEE (Property address, neighborhood boundaries) SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: (Continue on separate page) (NOTE: Support recommendations with primary source data if available (census records /property records /deeds /vital statistics records /historic records /non- fictional book records, etc. Secondary source data (interviews /personal recollections, etc.) may also be use as support.) SECTION B. CERTIFICATE OF APPROPRIATENESS REQUEST STATEMENT OF WORK REQUESTED: (Include sketches, photos, etc. as needed) City of Schertz, Texas Historical Preservation Committee By -Laws 16 PROJECT START DATE: COMPLETION DATE: SECTION C. COMMITTEE ACTION ❑ APPROVED ❑ APPROVED WITH MODIFICATION ❑ DENIED SECTION D. CITY MANAGER STAFF ACTION or RECOMMENDATIONS SECTION E. CITY COUNCIL ACTION ❑ APPROVE ❑ APPROVE WITH MIDIFICATION ❑ DENIED