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Home My WebLink AboutOrdinance 6543a4 snykT F� tr a 4� leu YprA�SYS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6543 File Number: 2022-0197 AMEND ARTICLE XXXII BLACK HERITAGE PRESERVATION COMMISSION: AN ORDINANCE TO AMEND ARTICLE XXXII OF THE FAYETTEVILLE CITY CODE TO CHANGE THE NAME FROM COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS TO BLACK HERITAGE PRESERVATION COMMISSION WHEREAS, the Commission recently met and unanimously decided to request that its name be shortened to the Black Heritage Preservation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XXXII of the Fayetteville City Code to change its title to Black Heritage Preservation Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.440 Establishment of the Fayetteville City Code in its entirety and enacts a replacement §33.440 Establishment as follows: "§33.440 Establishment The Black Heritage Preservation Commission was established in 2021 for the purposes and with the duties specified within this Article." PASSED and APPROVED on 3/15/2022 Page 1 Printed on 3/17/22 Ordinance: 6543 File Number.' 2022-0197 Attest: J ttIIIII l��r Kara Paxton, City Clerk Treasures Page 2 Printed on 3117122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0197 Agenda Date: 3/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.10 AMEND ARTICLE XXXII BLACK HERITAGE PRESERVATION COMMISSION: AN ORDINANCE TO AMEND ARTICLE XXXII OF THE FAYETTEVILLE CITY CODE TO CHANGE THE NAME FROM COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS TO BLACK HERITAGE PRESERVATION COMMISSION WHEREAS, the Commission recently met and unanimously decided to request that its name be shortened to the Black Heritage Preservation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XXXII of the Fayetteville City Code to change its title to Black Heritage Preservation Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.440 Establishment of the Fayetteville City Code in its entirety and enacts a replacement §33.440 Establishment as follows: "§33.440 Establishment The Black Heritage Preservation Commission was established in 2021 for the purposes and with the duties specified within this Article." City of Fayetteville, Arkansas Page 1 Printed on 311712022 Legistar ID No.: 2022- AGENDA REQUEST FORM FOR: Council Meeting of March 15, 2022 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ARTICLE XXXII OF THE FAYETTEVILLE CITY CODE TO CHANGE THE NAME FROM COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS TO BLACK HERITAGE PRESERVATION COMMISSION APPROVED FOR AGENDA: City Council Member D'AndreJones City Attorney Kit Williams Approved as to form Z- Date Date Williams, Kit From: D'Andre Jones <dre91732D00@gmail.com> Sent: Wednesday, February 23, 2022 10:20 AM To: Williams, Kit Subject: Re: FW: name change I 10fi ouguidteu rrom outsiae of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks Kit it looks good Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. On Wed, Feb 23, 2022 at 8:45 AM Williams, Kit <n wrote: ' D'Andre, I am again sending you this proposed ordinance to change the name of the commission to the Black Heritage Preservation Commission as voted for by the Commission. I know Council Members can get snowed under by emails, but I thought you might want to proceed with this one so we can get it on the agenda for March 15t'. The agenda deadline is this Friday and with the weather, the City may not be able to be opened on Friday. You can approve this by just responding to this email. If you would like any changes, please let me know. Kit From: City_Attorney Sent: Wednesday, February 23, 2022 8:36 AM LIL DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: 0 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Kit Williams, City Attomey � DATE: February 18, 2022 RE: Name Change to Black Heritage Preservation Commission What was originally named the Commission To Preserve Historical Black Structures and Cemeteries And To Create Black Historical Structures has met recently and unanimously requested that the Commissions name be shortened and simplified to Black Historical Preservation Commission. Accordingly, Council Member D'Andre Jones is sponsoring this ordinance to accomplish this reasonable and desirable name change of the Commission to Black Heritage Preservation Commission. ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE XXXII OF THE FAYETTEVILLE CITY CODE TO CHANGE THE NAME FROM COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS TO BLACK HERITAGE PRESERVATION COMMISSION WHEREAS, the Commission recently met and unanimously decided to request that its name be shortened to the Black Heritage Preservation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XXXII of the Fayetteville City Code to change its title to Black Heritage Preservation Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.440 Establishment of the Fayetteville City Code in its entirety and enacts a replacement §33.440 Establishment as follows: "§33.440 Establishment The Black Heritage Preservation Commission was established in 2021 for the purposes and with the duties specified within this Article" PASSED and APPROVED this 15" day of March, 2022. APPROVED: ATTEST: By: By, LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES 33.442 TITLE III ADMINISTRATION (B) The board shall review its meeting schedule and public comment rules at the first meeting each calendar year to minimize barriers for participation by low-income residents. (C) Meetings shall be open to the public and records shall be kept In accordance with state and federal law. (D) Inability or failure of the board to meet shall not prevent the Mayor or staff from taking action in response to emergency funding opportunities available from the U.S. Department of Housing and Urban Development or other sources. (Ord. No. 6391, §1, 12-1-20) 33.435-33.439 Reserved ARTICLE XXXII COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS 33.440 Establishment This Commission To Preserve Historical Black Structures And Cemeteries And To Create Black Historical Structures was established by Resolution No. 210-21 which was passed unanimously on August 17, 2021. Such establishment Is confirmed by this article. (Ord. No. 6472, § 1, 9-7.21) 33.441 Purposes (A) A purpose of this Commission is to recognize, acknowledge, protect and preserve historical Black structures and cemeteries in honor of the vision, accomplishment, and perseverance of Fayetteville's early Black families and Individuals and the churches and other structures they built. (B) Another purpose ofthis Commission lathe creation of Black historical markers to recognize the struggles and achievements of our Black citizens to promote diversity and equality for all Fayetteville residents and to oppose discrimination against any person in Fayetteville. (Ord. No. 6472, § 1, 9-7-21) 33.442 Membership And Composition (A) Membership. This Commission shall have seven (7) members which includes a City Council Member appointed by the Mayor. The Commission shall include a member that is very familiar with an historical Black church in Fayetteville. The other five (5) Commissioner; shall be selected at -large. (B) Terms. (1) The Council Member appointed by the Mayor shall serve a term commensurate with the Mayorwho appoints the Council Member. The Mayor may reappoint the Council Member to additional terms. Supp. No. 23 CD33:61 33.442 FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION (2) All other Commissioners will have three (3) year terms except two (2) at -large Commis- sioners Will initially serve for two (2) years and two (2) at -large member will initially serve a one (1) year term. (Ord. No. 6472, § 1, 9.7-21) 33.443 Duties (A) Preservation and Protection. The Commission may work with and coordinate its preservation goals with the Historic District Commission. The Commission may recommend protection or Preservation measures for particular historical Black churches, structures, and cemeteries to the City Council and the Historic District Commission. (B) Black Historical Markers. The Commission should research and investigate sites of Important struggles and achievements of our Black residents and their supporters to promote diversity and equality and to oppose discrimination in Fayetteville. The Commission may recommend to the City Council that a Black historical marker memorializing such important site be created and installed at such location. (Ord. No. 6472, § 1, 9-7-21) 33.444 Meetings The Commission shall meet at least quarterly to conduct its regular meeting and may meet more often if desired by the Commission. The Chair of the Commission may call a special meeting upon two (2) days' notice to the Commissioners. (Ord. No. 6472, § 1, 9-7-21) 33.445-33.499 Reserved eupp. No, 23 CD33:52 Democrat azett - AFFIDAVIT OF PUBLICATION 1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6543 Was inserted in the Regular Edition on: June 5, 2022 Publication Charges: $104.88 9-tE:- Brittany Smith Subscribed and sworn to before me This -2 day of ,,za 2022. oc�nx " Notary Public Z/� I My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC-ARt:ANSAS My Commission Exoir s 02.20-2024 Commission No' . 12397118 Ordinance: 6543 File Number, 2022-0197 AMEND ARTICLE XXXII BLACK HERITAGE PRESERVATION COMMISSION: AN ORDINANCE TO AMEND ARTICLE XXXII OF THE FAYETTEVILLE CITY CODE TO CHANGE THE NAME FROM COMMISSION TO PRESERVE HISTORICAL BLACK STRUCTURES AND CEMETERIES AND TO CREATE BLACK HISTORICAL MARKERS TO BLACK HERITAGE PRESERVATION COMMISSION WHEREAS, the Commission recently met and unanimously decided to request that its name be shortened to the Black Heritage Preservation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XXXI I of the Fayetteville City Code to change its title to Black Heritage Preservation Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.440 Establishment of the Fayetteville City Code in its entirety and enacts a replacement §33,440 Establishment as follows: "§33.440 Establishment The Black Heritage Preservation Commission was established in 2021 for the purposes and with the duties specified within this Article." PASSED and APPROVED on 3/15/2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $104.88 75560593 June 5, 2022