Section 45-42A-23.02 - Historic preservation commissionA historic preservation commission, hereinafter referred to as the commission, with the following membership, duties, and powers, may be established by ordinance of the governing body:
(1) The commission shall be composed of five members. Residents of the historic district or districts shall elect four members and one member shall be a member of the City of Athens governing body designated by it.(2) The members of the commission elected by the residents of the historic district during annual meetings of the historic district association, except the member of the City of Athens governing body, who shall all serve by virtue of, and whose term shall correspond with the term of his of her office, shall serve for terms of four years. At the expiration of the term or the death or resignation of any member, the resulting vacancy shall be filled for the unexpired term of such member by election at the next annual meeting of the historic district association or by special election meeting called by the commission. No distinction shall be made between the ex officio and other members of the commission.(3) The commission shall meet regularly at an established time and place at least once in each month and especially upon call by the chair or secretary and 48 hours' notice to each member for purposes specified in the notice of call only. A chair elected by the commission from its membership shall preside at its meetings, or in his or her absence a chair pro tempore likewise elected. Minutes of its meeting shall be kept by the secretary of the commission, or by a stenographer or reporter designated by him or her and under his or her directions. Such minutes shall be signed by the secretary of the commission, and shall accurately reflect all matters brought before the commission, its proceedings and determination thereon, including the votes of its members, and shall be permanently retained as official records of the municipality. Three members of the commission shall constitute a quorum for the transaction of any business at its meetings. All meetings of the commission shall be open to the public. Its proceedings shall be governed by such reasonable rules and regulations as it shall adopt, consistent with law and accepted parliamentary procedure.(4) Members of the commission shall receive no compensation for their service thereon.(5) Upon any matter coming before the commission in which any member has a personal interest, he or she shall state same and disqualify himself or herself from deliberations and voting thereupon.(6) The commission shall have no authority to obligate the City of Athens for any debt or expenditure beyond such sums as the municipal governing body may see fit to appropriate from time to time for its use.(7) Any contract or other instrument for any purpose hereunder authorized to be made by the commission shall be executed in the name of the City of Athens by the mayor and attested by the clerk-treasurer, who shall affix the seal of the municipality, upon the authority of a resolution duly adopted by the commission.(8) All funds of the commission shall be held, administered, and accounted by the City of Athens' clerk-treasurer in like manner as other municipal funds and likewise disbursed upon the authority of a resolution duly adopted by the commission.(9) The commission may provide for the public showing of buildings and structures within historic preservation districts to interested persons, groups, and organizations under such agreements as the owners thereof shall deem proper.(10) Subject to the availability of funds thereof, the commission may cause markers to be posted at, upon, or adjacent to historic preservation districts or the entrances thereto and sites, buildings, and structures therein situated and may accord such priorities therein as it deems proper, provided that markers shall be placed on private property only upon approval of the owner or owners.(11) Subject to the availability of funds therefor, the commission, with the prior approval of the governing body, may acquire by lease, purchase, or gift, buildings or real estate within the boundaries of the historic preservation districts, provided, however, such property will be held in the name of the City of Athens.(12) Within or touching upon the boundaries of any historic preservation district, no change shall be made in or upon any public street, way, or park without the plan therefor having been submitted to the commission for the expression of its recommendations with relation thereto prior to the commencement of such work.Ala. Code § 45-42A-23.02 (1975)
Act 84-509, p. 1127, § 3.