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HomeMy WebLinkAbout78-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 78-24 File Number: 2024-1665 SPOUT SPRINGS HISTORIC DISTRICT (PETITION SIGNATURE): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT ALL THE CITY OWNED PROPERTY WITHIN THE DISTRICT INCLUDING THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT WHEREAS, Emma Willis and other concerned citizens are attempting to establish a historic district within Fayetteville entitled "Spout Spring Historic District" and need to obtain "a majority in numbers of the property owners within the proposal historic district agreeing that their property shall be included in the historic district," A.C.A. § 14- 172-203; and WHEREAS, the City of Fayetteville as the property owner of the Yvonne Richardson Community Center and other property within the proposed District should be able by City Council Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District petition for those properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign for the City the petition for the Spout Springs Historic District agreeing that all City property including the Yvonne Richardson Community Center shall be included within this historic district. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees that approval of this Resolution and Mayor Jordan's signature of the petition does not imply nor require that the City Council must approve any ordinance to establish such district which requires City Council consideration of reports to the Arkansas Historic Preservation Program by the Division of Arkansas Heritage, other recommendations and at least one public hearing and all other requirements of A.C.A. § 14-172-207 Establishment of historic districts before final City Council approval. PASSED and APPROVED on February 20, 2024 App ioneld Page 1 Attest: �O� �• ' RE �� • •tr i Kara Paxton, City 94 9RKANAZP J2�• 'vz.,11V i0N � �` CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 20, 2024 CITY COUNCIL MEMO 2024-1665 TO: Mayor Jordan and City Council THRU: D'Andre Jones, Ward 1, Position 2 FROM: D'Andre Jones, Ward 1, Position 2 SUBJECT: A Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition. RECOMMENDATION: Mayor Jordan sign the petition for the Spout Springs Historic District agreeing that the Yvonne Richardson Community Center shall be included in this historic district. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), D'Andre Approval Email (#4), Email from D'Andre requesting resolution (#5), Spout Spring for Resolution File 2024-1665 (#6), Overview of the Proposed Black Historic District at Spout Springs (#7), Spout Spring CC Presentation 2.6.24 - Maps for Clerk-Treas (#8), Local Historic Districts, AHPP, & AG Opinion Memo (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1665 A Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT ALL THE CITY OWNED PROPERTY WITHIN THE DISTRICT INCLUDING THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT WHEREAS, Emma Willis and other concerned citizens are attempting to establish a historic district within Fayetteville entitled "Spout Spring Historic District" and need to obtain "a majority in numbers of the property owners within the proposal historic district agreeing that their property shall be included in the historic district," A.C.A. § 14-172-203; and WHEREAS, the City of Fayetteville as the property owner of the Yvonne Richardson Community Center and other property within the proposed District should be able by City Council Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District petition for those properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign for the City the petition for the Spout Springs Historic District agreeing that all City property including the Yvonne Richardson Community Center shall be included within this historic district. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees that approval of this Resolution and Mayor Jordan's signature of the petition does not imply nor require that the City Council must approve any ordinance to establish such district which requires City Council consideration of reports to the Arkansas Historic Preservation Program by the Division of Arkansas Heritage, other recommendations and at least one public hearing and all other requirements of A.C.A. § 14-172- 207 Establishment of historic districts before final City Council approval. Page 1 Civic Clerk Item No.: 2024-1665 AGENDA REQUEST FORM FOR: Council Meeting of February 6, 2024 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPROUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER AND THE FAYETTEVILLE SENIOR CENTER SHALL BE INCLUDED WITHIN THE SPROUT SPRING HISTORIC DISTRICT APPROVED FOR AGENDA: A- V 01 d ,,,t City Council Member D'Andre Jones Kit Williams Fayetteville City Attorney Approved as to form Date Date Barnes, Stacy From: D'Andre Jones <dre91732000@gmail.com> Sent: Thursday, January 11, 2024 11:33 AM To: Barnes, Stacy Cc: Williams, Kit Subject: Re: Resolution CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I approve Sent from my iPhone On Jan 11, 2024, at 11:20 AM, Barnes, Stacy <sbarnes@fayetteville-ar.gov> wrote: Please see the attached Resolution and Agenda Request. If it meets your approval, please sign and send back. Or you can approve via return email. Let me know if you have any questions. 'Stack g2rwes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 1 Website I Facebook I Twitter I Instagram I YouTube <image001.png> <D'Andre packet.pdf> Williams, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, January 9, 2024 10:58 AM To: Williams, Kit Subject: Fwd: Agenda issue CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jan 19th deadline Feb 6 city council meeting Sent from my iPhone Begin forwarded message: From: D'Andre Jones <dre91732000@gmail.com> Date: December 26, 2023 at 5:59:39 AM CST To: Emma Willis <emwill1102@gmail.com> Cc: Kara Paxton <kapaxton@fayetteville-ar.gov>, "Bostick, Britin" <bbostick@fayetteville- ar.gov>, Sharon Killian <sharon@nwaheritage.org> Subject: Re: Agenda issue I will be sponsoring the item Sent from my iPhone On Dec 26, 2023, at 3:03 AM, Emma Willis <emwil11102@gmail.com> wrote: Dear City Clerk/Council Member Jones/Council Member Stafford, I am writing to request that a resolution including city -owned property in the proposed Spout Spring local historic district be placed on the agenda for the January 16 City Council meeting. I understand that the internal deadline for agenda submissions is December 29. 1 am happy to provide any necessary details and information to facilitate the writing of the resolution and presentation at the council meeting. I am aware that this would be an item of new business seeking an affirmative vote. However, I believe this inclusion is vital for the comprehensive preservation and revitalization of the Spout Spring area, a significant part of our city's history and cultural heritage. I am flexible and happy to work with whichever council member wishes to sponsor the resolution, be it Council Member Jones or Council Member Stafford. I am also available to speak on the item during the meeting or at the prior agenda session on January 9. Please let me know how I can best assist with this process. I am eager to collaborate with your office and the council to ensure this important initiative sees progress. Thank you for your time and consideration. Sincerely, Emma Willis Received By: Council Member Jones 02/06/2024 NORTHWEST ARKANSAS BLACK HERITAGE OVERVIEW OF THE PROPOSED BLACK HISTORIC DISTRICT AT SPOUT SPRING ::: ► PRESENTED TO FAYETTEVILLE CITY COUNCIL Acknowledgment of the Legacy of American Slavery and Land Acknowledgement NWA Black Heritage acknowledges that we all live in a system that American Slavery built and that each of us is responsible for doing our part to dismantle it. NWA Black Heritage acknowledges the Osage, Caddo, and Quapaw peoples, and their elders past, present, and future, for their ancestral stewardship of the land dating from time immemorial and upon which we now live. It is within the responsibility of our educational mission and our commitment to diversity and inclusion that we discuss the intersection of their history with ours as forced cultivators of the NWA landscape from which they were removed in the early 19th century. II. Introduction Intricately involved in raising and building the region when they were trafficked as enslaved labor to Northwest Arkansas (NWA) in the early 1820s, Black Arkansans cut timber to clear the landscape upon which they built the homes, roads, and schools that the first Fayettevillians walked on and learned in. The only place to build community in this region fully built on their labor, Black people remained or moved to Fayetteville to make their home. In 7ecil io 1 L ♦, write .Aent, fthe Spout Spring lR,-anch ity out of response, uG1 ��i�nr�iiuncrS CuoS% w wriw reSiu�iiu vi un �NvuL �fnI ' uiuuw w,iu;.ui,:Ly -- city plans, systematically erasing them and the legacy of the original builders. NWA Black Heritage believes that stopping the erasure of African American culture and community and building up the local Historic Black District of Spout Spring Branch will bring pride of place to the entire region. Fayetteville will automatically become an example of real progress in the reach for justice and equity. Fayetteville has struggled through social and civic justice in Arkansas since its founding. As other parts of the state battled racial tensions, Fayetteville's residents practiced a version of tolerance over exclusion, even if imperfect. A multi -use historic district along Spout Spring Branch is an opportunity to honor Fayetteville's tenacity and Black legacy by restoring stewardship to the community. III. Historical Legacy of The Branch The legacy of the Spout Spring Branch community reaches back generations. Black people were brought to the region by Native and white traders, primarily as enslaved laborers before the city's incorporation in 1841. After the legal end of slavery, they quickly learned that Fayetteville was as safe as could be expected in the region. The city on the hill was buttressed by sundown towns like Bentonville, Cane Hill, Springdale, and Rogers, with Greenwood and Harrison not far away.' - The original community was located on the edge of the scenic East Mountain and named for the spring -fed creek that runs through it, Spring Branch. Though Fayetteville's Black residents dealt with racism and ostracisation at their own doorsteps, they built this community up and made it home. Ranging from alternative naming schemes to segregated neighborhood Historic District at Spout Spring Branch 2 schools and forced removal by urban renewal, Black Fayetteville has overcome countless obstacles before and since the city's founding. Alternative names for the community, "Tin Cup" or worse, reflect the perspective of white travelers and passersby who only saw the community as a watering hole as they passed through or came into the community for entertainment.= The first public school in the state, Henderson School, PS-1, was opened in Fayetteville in 1866 by the American Missionary Association to teach Black children. Black students attended this school for the next 73 years. Meanwhile, in 1932, a new school, Jefferson Elementary was built in the heart of Spout Spring Branch yet, exclusively served white students. Each day, Black students in the community walked past this new institution on the way to their studies at their own school. Consider the damage done to the Black students of Spout Spring Branch who had to make sense of their alternative education when a new school was in their neighborhood. Developers seemed to address the issue by opening the Lincoln School in 1939, which served only Black students but pushed Black residents farther south and out of the community. Furthermore, since no secondary schools in Fayetteville accepted Black students, any Black child seeking further education past elementary school was shipped to and boarded in nearby towns like Ft. Smith where they could attend high school.2 A little more than a decade later, Fayetteville chose community over conflict in 1954 when they were one of the first Arkansas high schools to prepare for desegregation publicly. Though this is a significant highlight in the history of the town, this occasion was one of many formative events that shaped the town and this district. What remains of the Spout Spring community, the bedrock of Black Fayetteville, is still home to generations of American history within a few city blocks. A walk, ride, or drive down Willow, Rock, Lafayette, and Olive streets reveals the shared buildings of the Historic St. James Baptist Church and Historic St. James Methodist Church, a Confederate Cemetary, the East Mountain Cemetery, and multiple stops on the Green Book Route for Black Motorists.`'` Each of these sites holds hundreds of years of tremendous historical value for the community and future generations. Through a selective effort to build up some parts of the city and diminish others, Black Fayetteville has been crushed. As evidenced in city plans that stretch back to at least 1945, decision -makers in Fayetteville have at best, ignored the potential damage to communities and at worst, targeted one of the oldest, least supported communities in town. Without a large investment like the suggested historic district, the community will continue to deteriorate according to the plan. The codification of the Spout Spring Branch community as a historic district will preserve these important elements of history and provide significant, sustained investment into the community. Historic District at Spout Spring Branch 3 IV. Inspiration for the Historic District at Spout Spring Branch NWA Black Heritage envisions the district as a mission -driven community of growing families, businesses, and cutting -edge scholarship and culture. The Fayetteville Historic Preservation Commission has identified myriad ways that historic preservation benefits the city. • Historic preservation contributes to job creation, development, and income generation, directly and indirectly. • Historic preservation provides economic opportunities related to heritage tourism. • Small businesses benefit from historic preservation. • Historic preservation fosters civic pride and identity. • Historic preservation attracts newcomers and retains current residents. • Historic preservation encourages interest in local history. The plans envisioned for the district support each of these benefits. Like the example districts discussed below, the Historic District at Spout Spring Branch will be an asset to the community and the city. In nearby Tulsa, Houston, and Kansas City, communities have significantly benefited from restoring their historic districts. Greenwood Historic District- Tulsa, Oklahoma The Greenwood District, remembered as home to "Black Wall Street", was a bustling community filled with entrepreneurs, educators, and entertainers in the early 20th century. When racial tensions boiled over in the spring of 1921, the community became the site of "the worst racial violence in American history".'-- Over time, the community tried to rebuild but never reached the same level of success because of systemic barriers. As community members aged and urban renewal forced the dispersal of neighbors and homeowners, the district fell into disrepair. Recently, a team of concerned community members worked with the City of Tulsa and numerous other organizations to build and restore several sites in the Historic Greenwood District. Greenwood Rising, an award -winning history center located within the district, provides a narrative -centered experience of Tulsa's Historic Greenwood District. Exhibits showcase the best, worst, and brightest moments in Tulsa's history, taking note of the tenacious Oklahomans whose perseverance through racial violence and systemic injustice continues to this day. Tourism brings dollars back into the community and moreover, the story of Black Wall Street has been brought back from recessed memories to the forefront. Like the Greenwood organizers, the team behind the Historic District at Spout Spring Branch seeks to recover and rejuvenate the space to restore and uplift erased histories. Independence Heights- Houston, Texas In early 1905, the Wright Land Company developed and sold plots of land to African Americans moving to what is now the northern part of Houston. By 1915, Independence Heights was home to about 600 Black people and established itself as the first municipality incorporated by African Americans in the State of Texas.9 Education, religion, and community networks were Historic District at Spout Spring Branch 4 pivotal in this early Black community. They established schools, churches, and black -owned businesses. The independent municipality held space for grocery stores, restaurants, a lumber company, a watch repair shop, ice cream parlors, beauty shops, barber shops, a drug store, a blacksmithing shop, law offices, and other services. Its citizens were business owners, teachers, attorneys, craftsmen, longshoremen, railroad workers, and more. Unfortunately, the city dissolved in 1929 and was absorbed into the municipality of Houston. Today, the Independence Heights Redevelopment Council works with the City of Houston to advocate for community interests.10 A multi -ethnic community, Independence Heights is a place where people honor the past and use lessons from those original incorporators to grow today. Recently, the Houston Endowment bestowed the organization with a large grant to support program development and restoration of the community." 18th & Vine Historic Jazz District- Kansas City, Missouri Black Kansans established communities around 18th & Vine in the late 1800s. By the 1920s, it "was a thriving commercial, residential and entertainment center".12 Prohibited by redlining from spreading throughout the city, Black Kansans moving to the city were forced to settle in the district which, in turn, spurred its transformation into "the heart of Kansas City's Black Business". Black architects and builders laid out blocks of entertainment, housing, and business spaces. The district flourished as Black professionals, doctors, lawyers, dentists, and teachers chose to live, shop, and enjoy any number of the over 600 thriving Black -owned businesses housed there. In addition, the historic 18th and Vine District is credited with developing Kansas City's unique jazz stylings. In its day, the Gem Theater, platformed jazz greats like Count Basie, Charlie "Bird" Parker, and Ella Fitzgerald. Today, the 18th & Vine Jazz District is built around two acclaimed museums, the Negro Leagues Baseball Museum and the American Jazz Museum and the Historic Gem Theater.13 Flanked by a host of restaurants, shops, and other experiences, the district serves as a point of pride for Kansas Citians and an immersive educational experience for visitors. The city uses funds garnered within the district to sustain and develop new businesses and attractions to maintain a positive growth cycle. These are three examples of Historic districts that offer opportunities for visitors and community members to learn and engage with their shared histories. V. Vision for the Historic District at Spout Spring Branch Communities are stronger when neighbors feel connected. The Historic District at Spout Spring Branch will offer residents space to learn, build, and grow together. Beyond the significant capital investment and job creation expected from this project, the Historic District at Spout Spring Branch will deliver economic and community benefits by reaching a long-underserved segment of the population directly and indirectly, supporting the city overall with new developments. Historic District at Spout Spring Branch 5 The survey that supported the Heritage and Historic Preservation Plan (2019) revealed that Jefferson Elementary School, churches, East Mountain Cemetary, South Fayetteville, and historic neighborhoods in general were among the top considerations of community members for Historic preservation. This project supports at least 3 of the 5 stated goals of the strategic plan: to identify and protect historic properties, provide public learning opportunities, and promote and protect cultural heritage. The vision for the Historic District at Spout Spring Branch is organized around three pillars: education, housing & economic development, and environmental equity. Afrofuturist Alluseum and Meditative Space Following the framework of other successful districts, the Historic District at Spout Spring Branch will be anchored by an Afrofuturist museum and meditative space dedicated to the community and its future. The space will serve as a protective zone and memorial for the numerous unmarked Black burial grounds currently violated by pedestrian traffic and dog -marking in the area. At the heart of the concept, Afrofuturism is a perspective wherein artists, activists, and other creators have dreamed of and built worlds and civilizations rooted in Black people's freedom and thought. Rather than beginning the Black American experience with slavery, Afrofuturism extends the bounds of time and space past, before, and beyond the forced bondage of Africans and Americans. Curators at the National Museum of African American History and Culture describe Afrofuturism as "the expression of notions of freedom, agency, and Black identity through art, creative works, and activism that envision liberated futures for Black life"." The notion of Afrofuturism is not foreign to the City of Fayetteville. Indeed, the integration experience of the Black students in the 1954 class was different from the experience in districts further south. Fayetteville's residents, some Black and white, made a conscious effort to move past the fear of difference to achieve a peaceful coexistence that Arkansans outside of the region could only imagine. It was the future in real-time. Unfortunately, the equal and opposing force of systemic racism has existed alongside progress every step of the way. An Afrofuturist museum honors the courage of those and the many other community members who lived what other Arkansans could only dream of. Housing and Economic Development Economic development is a key outcome of historical designation. The Historic District at Spout Spring Branch will attract tourism, scholarship, and new business. These ventures will create jobs and other opportunities for sustainable economic infrastructure within the community. Today, like the first Black community members, Fayetteville's Black neighborhoods are almost cordoned off by lack of access to resources. Black Arkansans face an unemployment rate of 4.1 % while the general rate is closer to 2.7%.15 In March of 2023, the Arkansas Democrat -Gazette reported that the average home price in Washington County has increased over 20% since the second half of 2021." Up from $311,572 to an average home price of around $376,018, the housing market is impenetrable for many Arkansans. The average home price is about ten times the median income for Black Arkansans statewide and five times as much as the median income for Black Arkansans in Benton County and surrounding areas." This gulf results Historic District at Spout Spring Branch 6 in lower homeownership rates overall. Arkansans have about a 44% homeownership rate with Black Arkansans having the smallest rates of ownership in some NWA counties like Benton and Sebastian. The local historic district would protect the interests of existing homeowners and make affordable housing more accessible. Historic districts attract serious developers because they know their investment will be protected over time. Dedicated funding through municipal ordinances ensures the continued care and prioritization of the neighborhood and the designation protects community members from predatory developers by holding them to a standard of completion, contractually obligated to use funds for their directed purposes. Black developers make up about 5-9% of the national market while Black Americans make up roughly 14% of the country's population." This district will once again, put Fayetteville in a place to lead in racial equity. Encouraging and protecting Black developments in the district will set a standard in the region for how cities can attract and support Black businesses and residents. Portions of the non-contiguous district lie within one of the two Opportunity Zones in Fayetteville. A historic distinction would open up the area to more funding to develop the area.19 Environmental Equity Consistently ranked one of America's best places to live, Fayetteville has invested in significant infrastructure to support sustainable lifestyles, including extensive walking and biking trails throughout the city. Walkability is a key indicator of community health and a driver of decreased exhaust emissions.20 The historic designation would pair well with the city's plans to increase mobility in and out of the community. The proposed district will support multiple city initiatives surrounding transportation and planning. In the Active Transportation Plan drafted in 2019, there are proposed shared -use paved trails and bicycle trails laid out in the area.''-' The district would tie the space together, providing an opportunity for education and beautification. Additionally, the district is an opportunity to chip away at goals for City Plan 2040 which include creating mixed-use/walkable neighborhoods, green networks, and attainable housing."- A whopping 85.64% of Fayetteville Residents who responded to the city's survey considered "preservation of historic structures" important/very important.22 Fayetteville's residents see these historic communities as "appropriate infill" to prioritize by the city. Overall, the Historic District at Spout Spring Branch designation would improve the quality of life of Fayetteville residents and provide constituents with a readily identifiable service from Fayetteville city officials. Historic District at Spout Spring Branch 7 VI. Establishing the Historic District at Spout Spring Branch The community of Spout Spring Branch is home to important historical sites from the founding of the city, to the Civil War and Civil Rights Movement. The city should create the South Fayetteville Historic District to preserve the community and boost the local economy. The district could be funded with a bond to restore and redevelop historic buildings in the new historic district. The city and community should actively collaborate to develop a plan for the district that meets the current and anticipated needs of residents and businesses including goals and performance indicators. Both city officials and community partners should co -monitor the progress of the district, evaluate the metrics after a certain period of time, and make any needed adjustments to meet the predetermined goals or metrics. Legal advice from the City of Fayetteville (2017) on Arkansas state code recommends the following steps be taken to secure the district: 1. One of the following conditions must be satisfied in order to begin the process of placing restrictions on historic districts a. The majority of property owners in the proposed district must sign a petition agreeing that their property shall be included in the historic district OR b. Boundaries of a proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District. c. While there are some smaller districts included in the outlined area, the majority of the area is uncategorized. This will take a modest volunteer effort on NWA BH behalf. We will launch volunteers to do door-to-door canvassing and tabling events to gather signatures and educate the community on the district. 2. Once a simple majority of signatures (approximately 350) have been collected from stakeholders, the Historic District Commission investigates the historical significance of the district through surveying and other methods. Their report is then sent to the Arkansas Historic Preservation Program and the Fayetteville Planning Commission for review 4. The Historic District Commission will announce and hold a public meeting in accordance with city codes and ordinances. 5. The Historic District Commission's Final report with recommendations and ordinance draft with a complete description and a map of the exact boundaries of the new district. 6. The city council then accepts returns with revisions or rejects the report. This process will require a collective effort by the city government, community members, and leaders but the payout will return with dividends in community satisfaction. Historic District at Spout Spring Branch 8 VII. Funding the Historic District at Spout Spring Branch The Historic District at Spout Spring Branch would require significant planning and investment to reach its fullest potential. We recommend the City of Fayetteville levy a bond to fund the restoration and redevelopment of historic buildings including improvements to infrastructure and public spaces. Using bond issues to fund community improvement projects is a common practice in the United States. In 2021, state and local governments issued $394 billion in bonds for infrastructure projects. This funding helped to improve roads, bridges, schools, and other vital infrastructure. Fayetteville's residents have voted to support bond issues funding infrastructure projects. In recent years, the city has used bond issues to fund the construction of a new high school, a new convention center, and a new baseball stadium. Additionally, these funds could be used to acquire property to include in the district, public art displays and to spur economic development in the area. In 2019, the citizens of Fayetteville voted to use bonds to invest in much -needed infrastructure and arts development around the city. Without raising taxes, the city budgeted improvements for roads, trails, parks, public safety, job creation, and construction of the new Cultural Arts Corridor. A similar process could be used to educate the community on their contribution and support the district. VIII. Conclusion A historic district in the Spout Spring Branch is a win -win for the city and the community. The city of Fayetteville has used the historic preservation ordinances to give dwellings to a number of nonprofits, including the Fayetteville Public Library Foundation, the Fayetteville Arts Council, and the Fayetteville Historical Society. These nonprofits have renovated the dwellings and turned them into community spaces, such as libraries, performing arts venues, and museums. The city of Fayetteville's policy of giving dwellings for historic preservation is a positive step in the preservation of the city's historic heritage. The Historic District at Spout Spring Branch would add value to the city by preserving important historical and cultural elements, attracting tourists and businesses, and improving the quality of life for residents. This would be the first Afrofuturist museum in the state, a laudable feat. The City of Fayetteville could fund this district like it has funded others, with a TIF or a bond to fund the restoration and redevelopment of historic buildings and space. Improvements to this community will reverberate with a positive impact through the hills of the city and region. Historic District at Spout Spring Branch 9 �..�S 11,•,1 a I 'Ll , . - YASK • :'1•i � . �._ Y � • '•"rT .' +} .a ,• , '}-'! �=-1, �f--• 41 tag •'• •,, •• � '� . `• aI : � ilk �,1 � ! }• IS �' '.�� r. �, ' i.� \sue ~ ' '� ��-I s: .:-;-•4esEe^s. tiMiloolL1;8n8:�. 30;; � s 'G .3'?,•}j%t�lJ ' tw ait • Ienllderson:Schoo.4for Black?Children _ J, ---.pia • b ngmergence�- t J.. ay evrlre c it- hY T F ` �' as mc, ntain Ce tery t� _ � , 'Yvonne shardso_ �o i y Cen e � . �� i,, NAo�;Hacs'Cett• oi,le ard. 7 r: ,,Nelson�Mackel . Biv 7. r. 'C� :iSbJr Jc7E0 fib,. z�...�- .r ��„• Iw r• - -� J ' Spou Spring; Bran yvalke Par, 1L. ist 80 Church �• t ,, AIV S ems. •' •,,?.` � � ram. rp! ; —. - � ��' , _ Al-�"`S out S rin`r oins Town Branch Image 2: Submitted by the City of Fayetteville. Shows the 690 parcels within the suggested historic district. �ri, NASA, NGA, USGS, FEMq Esn Community Maps Contributors City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conwrvat on. Missouri DNR, Texas Paris & Wildlife, Esn, HERE, Garmin, SafeGraph, GeoTechnologies, Inc METI/NASA, USGS EPA, NPS. US Census Bureau. USDA Historic District at Spout Spring Branch 11 Endnotes 1. Loewen, J. (2023, July 7). Sundown Towns. Encyclopedia of Arkansas. littps://encyclopediaofarkansas.net/entries/sundown-towns-3658/ 2. Named by white settlers who would stop in the community and drink from the spring, phi 10111Tlu.,cum.01' 2 ,hOut-sprint 3. Brill, A. (2006). Brown in Fayetteville: Peaceful Southern School Desegregation in 1954. The Arkansas Historical Quarterly, 65(4), 337. https:i -doi.org/ 10.2307/400"8090 4. Cemeteries. (2023.). httos://n"ablackliei-itage.org/cemeteries 5. Communities. (2023). https://nwablacklierita'e.oi•,-''coiiiilitiiiitic.,, 6. Green Book htins://transcription.si.edu/pi-oiect/7()55 7. Johnson, H. B. (n.d.). Greenwood District. The Encyclopedia of Oklahoma History and Culture. fattnsa�w�� ..�lkhistoiv.orb/puhlicatic,ns,'cnc,'cntr�.hhh:'cntrv=GR(_►2l 8. Greenwood Rising . (2021). Greenwood Rising. https:/l�h'VVw.i�re2n�4'Gt1dt'i5in .(ir�/abl;lit 9.Houston Texas, C. of. (md.). Super neighborhood 13 - Independence Heights. https•//wt�,tivhoustonttLov/sLiperncighborliot)ds/I3.htnll :--:text=19150020" 'D "20On'%20Janu ail 1o20l 7"o2C"'o_'01915.toda\-�ii)201ocated"/"?Oat"/o20700"/o20E. 10. IHRC. (n.d.). Independence Heights Redevelopment Council. https://ihrchouston.org/ 11. Houston Endowment. (2022, August 15). Houston Endowment has awarded $20 million to local organizations working to achieve racial equity and social justice in Houston. Houston Endowment. httos://www.lioustoneiido\N i-nent.or�2/announcements/houston-endowment-has-awarded-20-mil110 n-to-local-orgyanizations-working-to-achieve-racial-equity-and-social-justice-in-houston/ 12. The Kansas City Public Library . (n.d.). Why did the area of 18th and Vine become famous?. KC History. https:. -did-area-I8th-and-vine-become-famous 13. Green, Z. (n.d.). 18th &amp; Vine Historic District. African American Heritage Trail of Kansas City. httns://aahtkc,org/180handvine 14.NMAAHC. (2023, September 8). Afrofuturism. National Museum of African American History and Culture. hapsw nnlaahc.si.cLlu,c.\plore/exhibitions/atroftitui•ism 15. Moore, K. (2023). Black unemployment levels off after a historic drop; labor market remains strong overall. State Unemployment by Race and Ethnicity . https://www.epi.or�, indicators/state-unemployment-race-ethnicity/ Historic District at Spout Spring Branch 12 16. Magsam, J. (2023, March 15). Northwest Arkansas home prices zip, sales dip slightly. Arkansas Online. https:. ������.arl:ansas��nlinc.ct.�m/news/202;/mar I n��-h�,rite-rrices-un-sales-dija-sliZhtl�; 17. Smithwick, K. (n.d.). Families: Median Income. Aspire Arkansas. buns: -. www.aspirearkansas.orgr'tam ilics `median -household -income :'rc= I gracial-cuuitti 18.Abrams, A. (2021, April 1). Black developers call for reckoning in real estate. The Washington Post. hit. t shingtonpost.com/business/2021 It4;01/black-developers-call-reckoning-real-esta to 19. Fayetteville, C. of. (n.d.). Opportunity Zones within the City of Fayetteville. Opportunity Zones. lit t ps: \\w\\.la\etteviIle-ar.ggoy/3670/OpportLill ity-Zoties 20. Kotifani, A. (2021, April 28). What is walkability? (and why it matters for health, resilience, happiness). Blue Zones. hops: ,�ww.hluczoneti.c��m%202U/05/what-is-walkabilit�^-and-cvh�-it-matters-tor-health-resilicnc �,-haLihincss-and-sustainabi I itv/#:—:text=hl'al kabi I itv°i,20is° �,2()econom ic" ,o20health..accordinL,O 20to%20CEOs%20for%20Cities 21. City of Fayetteville Active Transportation Plan Map 2019 hops:;ccww.tayctteville-ar.gov/DocumentCenter N'ie\\'Ir)92I1 l 21-19 22. Fayetteville City Plan 2040 https://www.fayetteville-ar.gov/1216/City-Plan-2040 23. Fayetteville City Plan Survey Results htt4�>: %\\\NN.lavetteville-ar.gov/DocumentCenter/View/'19623/Survey-results-CP2040 Historic District at Spout Spring Branch 13 The Historic District Of Spout Spring. a place where people live I low? Step 1: The City Council has agreed to support creating the district. Now we need to earn the support of at least 50% of property owners in the outlined district. Step 2: We need your help to inform and collect signatures from property owners. Step 3: The Historic District Commission and Arkansas Historic Preservation Program review the historical significance, host a public meeting, and submit a final report to the City Council. Step 4: The City Council accepts the report as is or with revisions or rejects the report. WYh? Historic preservation contributes to job creation, development, and income generation, directly and indirectly. Small businesses benefit from historic preservation. Historic preservation fosters civic pride and identity by encouraging interest in local history. i 1 1 oV 0 soon future of Spout Spring Vik see an Afrofutudst Museum and Meditative Space for the community to imagine and heal We want Affordable Housing within the district. We will find grant funds to build up the community and the district Vlk deserve increased walkability and greenspace for the community to enjoy Contact https://nwablackheritage.org/contact U U 5 On Frequently Asked Questions -600 A, Who is leading this effort? NWA Black Heritage is dedicated to What is a historic district preserving, documenting, and and why would it benefit promoting the rich heritage and culture of Black communities this neighborhood? in Northwest Arkansas. A historicdistrict is a designated area with historical, architectural, 1 _ orculturalsign'6rcance `— R benefits neighborhoods by preserving their unique character, culture, and property values. �rar f' Dill Are there financial incentives or grants available for historic district property owners? There are often financial incentives and grants available for historic district property owners. These can include tax credits, grants, and low -interest loansto support the preservation and restoration of historically significant properties within the district. G, Are there examples of successful historic districts in similar neighborhoods? Three u*ue examples in nearby states are: treerw000d Historic District, Tulsa, Oklahoma 181h and Vine Historic District, Kansas OVA Kansas IndependenceHeights Historic District, Houston,Texas E. What are the responsibilities of property owners in a historic district? Property owners in a historic district typically have responsibilities to maintain and preserve the historical and architectural integrity of their properties, following specific guidelines and regulations. What is the impact of a historic district on new construction and development in the neighborhood? In a historic disMct new construction and developmerrt tylkaly face stricter regullatiom b ensure they complement the are ds liMmical characearand atctiarturdl ineegrit}t Mrs will workto ensue that current property owners are protected km harsh penalties C I How does zoning and land use regulation change in a historic district? Zoning and land use regulations often become more restrictive to protect the area's historical and architectural character. Renovations and new construction may require special approvals and adhere to specific design guidelinew. The airs is to preserve the districts trsbric integrity and property owners from U11*1.6tworftcleveweirs. F I How does a historic district impact property values? Historic districts often stabilize or increase property values by preserving unique character and attracting buyers interested in historic charm and potential financial incentives. SIGN n PETITION Contact Emma Willis, emwilll102@gmail.com 'ronosed Snout SDrinci Historic Ll 'ronosed Snout SDrinci Historic Ll CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 20, 2024 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director CITY COUNCIL MEMO FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: February 9, 2024 SUBJECT: Establishment of Local Historic Districts (Local Ordinance Districts) and Petition Signature Requirements BACKGROUND: The Arkansas Historic Districts Act, Ark. Code Ann. 14-172-201, et seq., as amended, provides for the establishment of historic districts by ordinance adopted by vote of the governing body of any city, town, or county. The process prescribed requires that: • The Historic District Commission (HDC) shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings to be included in the proposed historic district. This report must be transmitted to the Arkansas Historic Preservation Program (AHPP) and the city's Planning Commission for their consideration and recommendation. • Both AHPP and the Planning Commission have 60 days to provide a recommendation to HDC. Failure to make a recommendation shall be taken as approval of the report. • HDC shall hold a public hearing on the establishment of the proposed historic district after giving notice in the newspaper once a week for three (3) consecutive weeks, with the first notification published at least twenty (20) days prior to the hearing. The notice shall include the time and place of the hearing, the purpose of the hearing, and describe the boundaries of the proposed historic district. • HDC shall submit a final report with its recommendations to the City Council within 60 days after the public hearing. The report from HDC must contain: o A complete description of the area to be included in the historic district. o A map showing the exact boundaries of the district. o A proposed ordinance designed to implement the historic district including the state's requirements for such implementation. o Such other matters as HDC deems necessary and advisable. • The City Council may then accept the report from HDC and enact the ordinance; return the report to HDC with amendments and revisions for consideration by the commission and a further report within 90 days; or reject the report and discharge the commission. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The process to initiate a local historic district can come in two ways. §14-172-203 Applicability of the Arkansas Historic Districts Act specifies that none of the provisions of the subchapter shall be in operation until and unless: • A petition signed by a majority in numbers of the property owners within a proposed historic district is filed with the City Clerk, agreeing that their property shall be included in the historic district. • The boundaries of the proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District as certified by the United States Department of the Interior. DISCUSSION: During the February 6, 2024 City Council meeting, Long Range Planning staff was asked to seek guidance from AHPP on the requirements and/or criteria for petition signatures required for the establishment of a local historic district when the exact boundaries of a National Register Historic District are not used. Long Range Planning staff consulted with AHPP the following day via phone and email seeking the requested guidance. While the AHPP staff consulted is not an attorney and AHPP does not have regulatory authority in these matters, they provided the following information in response, with reference to Arkansas Attorney General Opinion Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010: • Owners of real property within the proposed historic district should be included for the purposes of the petition signatures required. • Right -of way is typically included in a local ordinance historic district. Streetscapes and landscaping are considered features of a historic district, particularly in residential areas. • One property owner with multiple properties has only one signature total. If a property has multiple individual owners each owner would have one signature. The Attorney General opinion further states that, "Property owners, including governmental units, who are other than natural persons may join the petition by the signature of the president or other appropriate officer, keeping in mind ... that the capacity in which the individual signs the petition should be exhibited on the petition." AHPP staff offered additional guidance on the question of property owners, recommending that property deeds would be the most reliable sources for a listing of property owners within the proposed district as tax records may from time to time not include the names of all owners. They also noted that they were not aware of any active local ordinance historic districts in Arkansas that did not follow this practice, and that the state enabling legislation and the Attorney General Opinion predate the Certified Local Government Program (CLG). An Arkansas city or county is eligible to participate in the CLG program if it has appointed an HDC and has passed a local preservation ordinance designating one or more local historic districts, according to applicable state law. BUDGET/STAFF IMPACT: N/A Attachments: Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 The Honorable Robert Johnston, Ark. Op. Atty. Gen. No. 77-130 (1977) Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 Office of the Attorney General State of Arkansas Opinion No. 77-130 July 22, 1977 *1 The Honorable Robert Johnston State Representative 2122 Broadway Little Rock, Arkansas 72206 Dear Representative Johnston: This is in response to your letter of June 30, 1977, requesting an opinion. You stated that the City of Little Rock is seeking to establish a historic district under the provisions of Ark. Stat. Ann. §§ 19-5001-5012 (Repl. 1968). You specifically requested that we render an opinion regarding the proper interpretation of the proviso in § 19-5010: `Provided, none of the provisions of this Act shall be in operation until and unless there has been filed with the City Clerk of the city or town in which a historic district is contemplated, a petition signed by a majority in numbers of the property owners within such a proposed historic district agreeing that their property shall be included in such historic district.' Your inquiry raises several questions: `What is a `majority in numbers', who is a `property owner' for the purposes of the statute and when is property ownership determined?' We will deal with each of these questions in order. A literal reading of § 19-5010 leaves no room for doubt but that the General Assembly intended the required petition to be signed by a majority of the persons owning real property in the proposed district. Although the legislature has, in the case of somewhat similar petition requirements for the establishment of improvement districts, water and light districts, cemetery districts and other special purpose governmental entities, required the assent of persons owning more than one-half in value or area of the real property to be obtained as a condition precedent to the formation of the governmental entity, the language of those statutes varies significantly from the language of this statute. See, Ark. Stat. Ann. § 20-1014 (Supp. 1975); § 20-505 (Repl. 1968); § 20-701 (Supp. 1975); § 20-901 (Repl. 1968); § 20-1201 (Repl. 1968); § 20-130 (Repl. 1968); § 20-1502 (Repl. 1968); and § 21-501 (Repl. 1968). The legislature's discretion in establishing local improvement districts is limited by Article 19, § 27 of the Constitution which mandates that such district not be established except `upon the consent of a majority in value of the property owners owning property adjoining the locality to be affected; ....' A historic district is not a local improvement district having no authority to assess the real property within the district and, therefore, does not come within the purview of Article 19, § 27. Therefore, it is our opinion that the plain and unambigious words of the statute must control and the petition required by the statute must contain the signatures of a majority in number of the persons owning property within the proposed district. While the statute providing for a historic district does not define `property owner', the legislature has defined the term in a similar context to mean the `holder or holders of legal title' (Ark. Stat. Ann. § 20-232 (Repl. 1968)). The Arkansas Supreme Court has declared in Colquitt v. Stevens, 111 Ark. 314, 163 S.W. 1141 (1914) that the persons holding record title to property must sign a petition for the establishment of an improvement district. The Court stated that a holder of a life estate in property was not able to sign a petition and that a wife, holding property in her own name, could not ratify her husband's signature which purported to obligate the property which she individually owned. Further, in Johnson v. Norsworthy, 239 Ark. 545, 390 S.W.2d 439 (1965) it was held that individuals who were the controlling owners of a corporation had not effectually signed for the corporation where only their individual names appeared on a petition with no reference to their capacity in the corporation. *2 Therefore, it is our opinion that a person must hold legal title to real property in the historic district before being considered a `property owner' and, therefore, being eligible to sign the required petition. Further, since the statute refers to `holders' of legal title, persons who own as tenants in common or joint tenants are property owners, since they hold an �© 2019 Thomson Reuters. No claim to original U.S. Government Works. The Honorable Robert Johnston, Ark. Op. Atty. Gen. No. 77-130 (1977) ownership interest in real property which they can individually convey. Tenants by the entireties, on the other hand, would have to join together, as neither tenant could convey or obligate the property singly. Property owners, including governmental units, who are other than natural persons may join the petition by the signature of the president or other appropriate officer, keeping in mind the teaching of the Norsworthy case that the capacity in which the individual signs the petition should be exhibited on the petition. Once sufficient signatures have been obtained on the petition it should be filed with the City Clerk. If the Clerk determines that the petition contains a sufficient number of signatures, according to the property ownership lists, then the petition is prima facie valid and the city may proceed on that basis. Swiderski v. Goggins, 257 Ark. 164, 514 S.W.2d 705 (1974). The prima facie validity of the petition could be challenged in a proper judicial action. High v. Bailey, 203 Ark. 461, 157 S.W.2d 203 1941 . However, once the petition has been filed, signatures cannot be removed therefrom without judicial permission. Reed v. Paving District, 171 Ark. 710, 286 S.W. 829 (1926). The foregoing opinion, which I hereby approve, was prepared by Special Assistant Attorney General Lonnie A. Powers. Yours truly, Bill Clinton End of Document Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 © 2019 Thomson Reuters. No claim to original U.S. Government Works. �© 2019 Thomson Reuters. No claim to original U.S. Government Works. 2 Spout Spring Historic District Petition City of Fayetteville Staff Review Form 2024-0200 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Britin Bostick 3/21/2024 LONG RANGE PLANNING (634) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends approval in accordance with Resolution 78-24 passed by the City Council on February 20, 2024. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget - Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget - V20221130 Purchase Order Number: Previous Ordinance or Resolution# 78-24 Change Order Number: Approval Date: 03/29/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO tir ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: March 21, 2024 SUBJECT: Spout Spring Historic District Petition RECOMMENDATION: Staff recommends approval in accordance with Resolution 78-24. BACKGROUND: In 2023 NWA Black Heritage approached the City of Fayetteville to discuss the creation of a local ordinance historic district for the Spout Spring neighborhood. A request to include the City's properties in the proposed historic district was brought via resolution to the City Council and was passed and approved on February 20, 2024 authorizing the Mayor to sign the petition on behalf of the City. DISCUSSION: The petition currently being circulated to property owners within the proposed district is attached. with a signature page as the front page of the document and a copy of the Arkansas Historic Districts Act attached, along with the email communication from Emma Willis, representing NWA Black Heritage. BUDGET/STAFF IMPACT: N/A Attachments: SRF, Petition signature page with supporting document, Email communication from Emma Willis requesting petition signature Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 U ri gO w c„ al CC tO c U a. Cn v O y0 'N 0. V E 7 e.' O a. O � ;_� Vl '. L. O U y C4 C C O act•. S. rn w O 7, 'fl : a' C O A Ts Q ° i.. V s.. U C .. 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U aai z ci c COc. i n a Y 0 c a. el ;3 = �+ ' c O a) c °..' s c- .o u./ c o. a > •No D o °a a N o ea o s 6. 0 C -0 U O a P ° tu V0. = y C '`+ O 0 _ .. 'G V U U ' N U cl U a x o y a O co 0 is C`L ua "r. ° 1 3 a6i w) 0 = ti C 0 -G Cq rn y ell) ° = o c a s >. U 0 o U 0 0 .� 03 v U Z -2 c t2 0 m -o z •c' cn O 0 3 U ea = a c . N 0 0. a F -° rn Bostick, Britin From: Emma Willis <emma@impactperiod.co> Sent: Thursday, March 21, 2024 1:24 PM To: Bostick, Britin Cc: Sharon Killian Subject: Spout Springs Historic District Petition + AR Historic District Act Attachments: Arkansas Historic Districts Act-2.pdf;Official_Spout Spring Petition.pdf CAUTION This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Britin, Thank you for your time yesterday and your ongoing support for the establishment of the Spout Spring Historic District, poised to become the state's largest Black historic district. I have attached the official petition for the Mayor's signature, along with a copy of the Historic District Act as requested. Please let me know if you have any questions. Sincerely, Emma Emma Willis Founder at Impact. E emma@impactperiod.co W www.impactperiod.co/ Arkansas Historic Districts Act 14-172-201. Title. This subchapter shall be known and may be cited as the "Historic Districts Act." History.Acts 1963,No.484, § 1;A.S.A. 1947,§ 19-5001. 14-172-202. Purpose. The purpose of this subchapter is to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of buildings, sites, places, and districts of historic interest through the maintenance of such as landmarks in the history of architecture of the municipality, of the state, and of the nation, and through the development of appropriate settings for such buildings, places, and districts. History.Acts 1963,No.484, §2;A.S.A. 1947,§ 19-5002. 14-172-203. Applicability. None of the provisions of this subchapter shall be in operation until and unless: (1) There shall have been filed, with the clerk of the city, town, or county in which an historic district is contemplated, a petition signed by a majority in numbers of the property owners within the proposed historic district agreeing that their property shall be included in the historic district; or (2) The boundaries of the proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District as certified by the United States Department of the Interior. History.Acts 1963,No.484,§ 10; 1965,No. 170, §2; 1979,No.371, § 1;A.S.A. 1947,§ 19-5010;Acts 1.993,No. 194,§ 1 14-172-204. Penalty. (a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars($10.00)nor more than five hundred dollars ($500). (b) Each day that a violation continues to exist shall constitute a separate offense. History.Acts 1963,No.484,§ 11;A.S.A. 1947,§ 19-5011. 14-172-205. Enforcement. The chancery court having jurisdiction over the property in question shall have jurisdiction in equity to enforce the provisions of this subchapter in the rulings issued under it and may restrain by injunction violations of it. History.Acts 1963,No.484, § 10; 1965,No. 170,§2; 1979,No.371,§ 1;A.S.A. 1947,§ 19-5010. 14-172-206. Historic district commissions. (a)(1) An historic district commission shall consist of no less than five (5) members nor more than nine (9) members. (A) When the district is located within the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the mayor,subject to confirmation by the governing body of the city; (ii) Be electors of the municipality;and (iii) Hold no salaried or elective municipal office. (B) When a district is located outside the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the county judge subject to confirmation by the quorum court; (ii) Be electors of the county; and (iii) Hold no salaried or elective county office. (2)(A) The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3)years. (B) Vacancies shall be filled in like manner for the unexpired term. (b) All members shall serve without compensation. (c) The commission shall elect a chairman and vice chairman annually from its own number. (d) The commission may adopt rules and regulations not inconsistent with the provisions of this subchapter and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money,gifts, or grants and use them for these purposes. History.Acts 1963,No.484,§4;A.S.A. 1947,§ 19-5004;Acts 1993,No. 194,§2. 14-172-207. Establishment of historic districts. By ordinance adopted by vote of the governing body thereof, any city, town, or county may establish historic districts and may make appropriations for the purpose of carrying out the provisions of this subchapter, subject to the following provisions: (1)(A)(i) An historic district commission, established as provided in § 14-172-206, shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings included in any such proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program, a division of the Department of Arkansas Heritage, to the planning commission of the municipality or county, if any, and in the absence of such commission, to the governing body of the municipality or county for its consideration and recommendation. (ii) Each such body or individual shall give its recommendation to the historic district commission within sixty (60) days from the date of receipt of the report. (B)(i) Recommendations shall be read in full at the public hearing to be held by the commission as specified in this section. (ii) Failure to make recommendations within sixty (60) days after the date of receipt shall be taken as approval of the report of the commission. (2)(A) The commission shall hold a public hearing on the establishment of a proposed historic district after giving notice of the hearing by publication in a newspaper of general circulation in the municipality or county once a week for three (3) consecutive weeks,the first such publication to be at least twenty (20) days prior to the public hearing. (B) The notice shall include the time and place of the hearing, specify the purpose, and describe the boundaries of the proposed historic district. (3)(A) The commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the governing body of the municipality or county within sixty (60) days after the public hearing. (B) The report shall contain the following: (i) A complete description of the area or areas to be included in the historic district. Any single historic district may embrace noncontiguous lands; (ii) A map showing the exact boundaries of the area to be included within the proposed district; (iii) A proposed ordinance designed to implement the provisions of this subchapter;and (iv) Such other matters as the commission may deem necessary and advisable. (4) The governing body of the municipality or county, after reviewing the report of the commission, shall take one(1)of the following steps: (A) Accept the report of the commission and enact an ordinance to carry out the provisions of this subchapter; (B) Return the report to the commission, with such amendments and revisions thereto as it may deem advisable, for consideration by the commission and a further report to the governing body of the municipality or county within ninety(90)days of such return; or (C) Reject the report of the commission, stating its reasons therefore, and discharge the commission. (5) The commission established under the provisions of this subchapter, by following the procedures set out in subdivisions (2) to (4), inclusive, of this section,may, from time to time, suggest proposed amendments to any ordinance adopted under this section or suggest additional ordinances to be adopted under this section. History.Acts 1963,No.484, § 3; 1965,No. 170,§ 1; 1977,No.480, § 11;A.S.A. 1947,§ 19- 5003; Acts 1993, No. 194,§3. 14-172-208.Certificate of appropriateness required -Definition. (a)(1) No building or structure, including stone walls,fences, light fixtures, steps,and paving or other appurtenant fixtures, shall be erected, altered, restored,moved, or demolished within an historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the historic district commission. The municipality or county shall require a certificate of appropriateness iateness by ^ of building _or 7,, it L.pprVrrluLvri�rJJ to be issued the commission prior to the tS3uanc^, a pc—' Vl VLAIeI p2111111 granted for purposes of constructing or altering structures. A certificate of appropriateness shall be required whether or not a building permit is required. (2) For purposes of this subchapter, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a structure, including the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. (b) The style, material, size, and location of outdoor advertising signs and bill posters within an historic district shall also be under the control of the commission. History.Acts 1963,No.484,§5;A.S.A. 1947, § 19-5005;Acts 1993,No. 194,§4. 14-172-209.Determination on application for certificate. (a) Within a reasonable time, not to exceed thirty (30) days after the filing of an application for a certificate of appropriateness with the historic district commission, the commission shall determine the property to be materially affected by the application and immediately send by mail,postage prepaid, to the applicant and to the owners of all such properties to be materially affected notice of the hearing to be held by the commission on the application. (b)(1) The commission may hold such public hearings as are necessary in considering any applications for certificates of appropriateness. (2) The commission shall act on an application for certificate of appropriateness within a reasonable period of time. (3) The commission shall determine whether the proposed construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this subchapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant, and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this subchapter. (c)(1) If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, or demolition is appropriate or is not appropriate, owing to conditions as aforesaid, but that failure to issue a certificate of appropriateness would involve substantial detriment or derogation as aforesaid, or if the commission fails to make a determination within a reasonable time prescribed by ordinance, the commission shall forthwith approve the application and shall issue to the applicant a certificate of appropriateness. (2) If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, restoration, moving,or demolition. (3) The commission shall immediately notify the applicant of the determination. History.Acts 1963,No.484,§7;A.S.A. 1947,§ 19-5007. 14-172-210. Certain changes not prohibited. Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change in design, material, color, or outer appearance thereof; nor to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector, or similar agent, shall certify is required for the public safety because of an unsafe or dangerous condition; nor to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature under a permit issued by a building inspector, or similar agent,prior to the effective date of the establishment of the historic district. History.Acts 1963,No.484,§8;A.S.A. 1947, § 19-5008. 14-172-211. Interior architectural features. In its deliberations under this subchapter, the historic district commission shall not consider interior arrangement or use and shall take no action under this subchapter except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures in the historic district obviously incongruous with the historic aspects of the district. History.Acts 1963,No.484,§6;A.S.A. 1947,§ 19-5006. 14-172-212.Appeal from decision. (a)(1) Any applicant aggrieved by the determination of the historic district commission,within thirty(30) days after the making of the decision,may appeal to the chancery court of the county wherein the property is located. (2) The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the reasons given for the determination to be unsupported by the evidence or to be insufficient in law and may make such other decree as justice and equity may require. (b) The remedy provided by this section shall be exclusive; but the applicant shall have all rights of appeal as in other equity cases. History.Acts 1963,No.484,§9;A.S.A. 1947,§ 19-5009.