80-17 Transitioning HPC to the Department of Community Investment

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Joseph County Code of Ordinances, as may be amended from time to time (the "County Ordinance"), govern the HPC's functions and processes concerning historic preservation matters within the unincorporated areas of the County. In addition, the Parties mutually acknowledge that the HPC has operated continuously since its creation as a joint board by the City and the County in 1973, and that, pursuant to Ind. Code § 36-7-11-2(a), the City, the County, and the HPC are not required to observe the other provisions of Ind. Code 36-7-11. Section 3.02. Joint Board; HPC Authority Preserved. Pursuant to Section 3(a)(5)(b) of the Act, the, Parties agree that the HPC will continue to operate as a joint board composed of representatives of the Parties (as provided herein) and that both Parties will be represented on the joint board. Neither the adoption of this Agreement nor any alteration of the City Ordinance or the.County Ordinance attendant with the adoption of this Agreement will undermine, invalidate, or otherwise affect in any way the HPC's actions, determinations, contracts, or exercises of. authority occurring or commencing before the Effective Date of this Agreement. Section 3.03. HPC Powers. Pursuant to Section 3(b) of the Act, the Parties mutually acknowledge that the HPC has only the powers delegated to it by this Agreement. Specifically, the Parties delegate to the HPC the power to conduct the functions and execute the processes set forth in the City Ordinance and the County Ordinance, respectively, as each may be amended from time to time. The County agrees, however, that it will not amend the County Ordinance in any respect that would enlarge the powers or responsibilities of the HPC without the prior consent of the City, as expressed by a written acknowledgment of the Mayor of the City. Section 3.04. Bylaws and Rules; Public Access Laws. The Parties agree that the HPC shall adopt such bylaws and rules as are appropriate and necessary for holding meetings, taking official action, and otherwise conducting the HPC's business. The HPC will conduct its business in accordance with the Indiana Open Door Law, Ind. Code 5-14-1.5, and the Indiana Access to Public Records Act, Ind. Code 5-14-3. Section 3.05. HPC Membership. The HPC will continue to be a board of nine (9) appointed members, each of whom will be interested and knowledgeable in matters of local historic preservation. The membership shall be appointed as follows: (a) The Board of Commissioners of the County, the County Council, the Mayor of the City, and the Common Council of the City shall each appoint two (2) at-large members, designating not more than one member from any major political parry and giving consideration to persons residing in areas having historic significance. (b) The eight (8) members appointed as provided in Section 3.04(a) above shall in turn appoint the ninth member,who shall be an architectural historian. Each member of the HPC shall serve without compensation for a term of three (3) years, which terms will continue to be staggered with respect to one another in accordance with the provisions 3