jBH: m1k 2-10-,77 I ORDINANCE i06,'Z~'il"-3 AN ORDINANCE designating as a Landmark, the tugboat Arthur Foss, United States Merchant Vessel Official Number 81233; specifying the particular features to be preserved in accordance with the Landmarks Preservation Ordinance (102229) while such vessel is within the City limits, exempting such Landmark from the payment of certain fees, and requiring a written assurance of responsibility J-or salvage while such Landmark is in any submerged street area or waterway in this City. 7 WHEREAS, Ordinance 102229 created the Landmarks Preservation Board and established a procedure for the designation and preservation of structures and areas having historical, cultural, architectural, engineering or geographic importance; and 10 WHEREAS, pursuant to Ordinance 102229 and due notice, the Landmarks Preservation Board after a public hearing on February 6, 1974 considered (a) the evidence and testimony presented at such hearing, including the attached 12 Seattle Historic Building Data Sheet, and (b) the conformance or lack of conformance of the proposed 13 designation with the Comprehensive Plan of Seattle and with the purposes and standards of Ordinance 102229, and based upon such evidence and consideration determined 14 that the tugboat- Arthur Foss, United States Merchant Vessel Official Number 81233, presently located at 15 Northwest Seaports, Kirkland, Washington satisfies each of the following criteria required under Ordinance 16 102229 for designation of a Landmark: Section 17 6(l) has significant character, interest, or value, as part of the development, heritage or cultural characteristics of the State or 18 City, Nation; or is associated with the life of a person significant in the past; 19 and recommended to the City Council that the tugboat 20 Arthur Foss, United States Merchant Vessel Official Number 81233 be designated a Landmark, that certain features thereof should be 21 preserved, that said vessel be exempt for the payment of certain fees while in a submerged street area or waterwaysin this City, and 22 that the City require a written assurance of responsibility! for salvage of that vessel should it sink, capsize or 23 burn while in submerged street area or a waterway in the City; and 24 WHEREAS, the Planning and Urban Development Committee of 25 the City Council considered the report and recommendation of the Landmarks Preservation Board at a public hearing 26 held pursuant to due notice, and reported to the City Council in favor of such recommendation; Now, Therefore, 27 28 -1- = 19.2 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. That the attached report and recommendations of the Landmarks Preservation Board are hereby approved and 3 the tugboat Arthur Foss, United States Merchant Vessel Official Number 81233 is hereby designated a Landmark having 5 a special character or special historical, cultural, architectu engineering or geographic interest or value, based upon 7 characteristics specified in the attached report of the 8 Landmark Preservation Board, and the Secretary of the Landmark Preservation Board is hereby directed, within ten days after 10 approval of this ordinance by the Mayor to send to the owner of record of the or 11 property designated, by registered certified mail, and to the Superintendent of Buildings, a 12 copy of this ordinance and a letter outlining the basis for such designation and the obligations and restrictions which 14 result from such designation while such vessel is within the 15 city limits. 16 Section 2. That while the vessel designated as a 17 Landmark in Section 1 above is within the limits of this 18 City. and subject to the City's jurisdiction, the following 19 particular features of the Landmark designated in Section 1 20 above shall be preserved: a. The entire vessel and all components thereof. 21 Section 3. That said Landmark is hereby exempted from 22 the fees required for use and occupancy of submerged street 23 areas and waterways in this City by Section 70 of the 24 Harbor Code (ordinance 87983) and Section 13 of the Street 25 Use ordinance (90047); Provided the owners or sponsors of 26 such Landmark shall furnish the Board of Public Works with 27 written assurance that they shall be responsible for the 28 salvage of such Landmark should it sink, capsize, or burn while in any submerged street area or waterway in this City. -2- CM 19.2 Neither the giving nor the receiving of such assurance shall be construed.as a limitation upon any other right or remedy of the City of Seattle; and to the extent inconsistent 3 herewith sections 70 of the Harbor Code (Ordinance 87983) 4 and section 13 of the Street Use Ordinance (90047) are 5 hereby superseded. 13 14 is 16 17 18 19 20 22 23 24 25 26 27 28 -3- CBS 19.2 (To be used for all Ordinances except Emergency.) 4 Section This ordinance take and and and ......... shall effect be in force thirty days from after its passage approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the provisions of the city charter. the the of 19 Passed by Council .......... .Y .... ...... ...... March, ........ City ........... ..day _ ............ 5 and in session in authentication of its of signed by me open passaselthis ... .................. day ........................... 1977' Much ................................... _' .-N ...... I. President. of the Council. ..ft. 0.. 1.1,am ... City Izz this .......... of Approved by me ...... /.7. day ....... ..................... 1q77 WI.~111111 Mayor. this ........ of Me Filed by me ......... 11,64 day .......................... Attest....= ........ ........... ............ ......... ........ ........ City Comptroller and -pity~,-fterk. (SEAL) Published.. ................................................................. -4- CSS 8.1.6 A~SIIIANT C0RPORATI-NC0UN'-;E1 01Y PRLSECUTORS JAM~~ M TAYLOR I-HE CITY OF SEATTLE RICH AND S. C)EITINGER GoRc)nN F CRANDALL ROBERT IIA ELIAS G GRANT VVILI--(~X JAC~ B REGAN J VVE-IZEJ LA'h 7KOMAS DEPARTMENT RaUERT B. JOHNSON AHTHUH T. LANE JOSEPH T SCHLOSSER MUNICIPAL 3~11 DING - SEATTLE, WASHINGTON 98104 JORl-,EN G BADFR DAVID ' ADMIRE AREA CODE 206 TELEPHONE 625-2402 CHARL Es R NF ~ MYRON L CORNELIUS LA~RE NCE K W:D(Jr,[ II ELi1AE1LTIi A HUNEKE P. COUNSEL J RO1,LR JOHN HARRIS, CORPORATION No"VEL I H-ri~f T I M CODY E N~ AL K~N, D~vic, N WALTON JA.Es EL H-F IF~ AN~F W001EN DO,,At D H. bmui February 10, 1977 PUILIP M KING CLAI%1~ MANA~;E.R RICHAP111 E MANN V L VVAL1; L P(IHTER F~ WiLLIAMS JAIVIE~ G BLAIR C-1,ARI -s D BROWN DONA M C-lio, Rc,s A RAc-,, GoqDo~N 9 DAVIDSON DIANA F THOMPSON MARIANNA S COOKE Re: Request for legislation to designate six vessels as landmarks Honorable Paul Kraabel, Chairman Planning & Urban Development Committee City Council Seattle Dear Sir: 'By City Council transmittal you transmitted a memo- ranftm together with certain documents, and requested that we prepare legislation designating six vessels as landmarks, exempting them from certain fees and requiring a written assurance of responsibility for salvage. The requested legislation is transmitted herewith. We advise that the City has authority to impose re- quirements for the preservation of certain features of such Nressels only while such vessels are within the limits of this City and subject to its jurisdiction. Accordingly each ordinance exnressly provides that such requirements apply only while the vessels are within the City limits and sub- ject1to the City's jurisdiction. In such connection, we advise further that, for most purposes, the W.T. Preston is not subject to the juris- diction of the City, even when within the City limits, so long as it is owned by the U.S. Army Corps of Engineers. Yours very truly, JOHN P. HARRIS Corporation Counsel 6 By Jffi4ES B. HOWE, SR. Assistant JBH -. vf Section 6 (1) has Sign-if icant character! interest Or Valuee as part of the developizLe,,Yjt, her-Ltage Or cultural characteristics OE~L the City, State of Nation; or is associated with the life of a person e pasr--mr Secti'bn 6 121 ic! 4- - , of.an historic ev -z 4i.L -~j anz effect upon society; Section 6 exempji,~Eies the cultural, economie~ p CL or istoric her.itage o 'Section 6(4) 0~)Ntravs the envi-- 4 I& an histo- -I-- a- era of -,-cz;,;ke Q---ed ~uy a dist;n - N.- architectural s'vj&- e Section 6(5) e,-,Ib odies'Ntho s e of X d)-y~nguishing an architectural -t-A-, characteris-Zic specin, S e ct. i on r- f r- i - L-. e work 0,:ff/a designer ,k work- I'las sicfnificanf-ly in4~A---z 3-nua-vidual '11" Seattle,. ueve.LoPr1le"t of Section 6(7) contains " - -i als, or craftsrla significant innova.,,4- Section 6(8) by of ~X,ing part or re :'I~tted to park or other a square s be Or Preserved oubj developed a-C;/Ordinq to a nl--zr~ a nist. cultural or i- ori-c, "IL V- / I mo"-Z; Section 6 9 I'll owi-ncf to its ,, j, ~ , I" ucataon physical c aracte'ri,;-4 \or singular - s an and familv~*-~- T'.1 I eszztQlis ed ... Leature of t e neighborlNiod, communiz, or e~i -,X f I hunboat Arthur Fons and'. re-coram-ends to the City Council that the foregoing IM& Fos 7, be designated as a Landoark, and the U-I'a't the follmling features thereof should be preserved by con-trals: ''That with respect to the above described landmark, no person shall do or cause to be done, any of the Certificate of following except pursunaL to a Approval duly issued by the LanWark Preservation Board (Seee Section 8 of Ordinance 102229): routine any proposed wintenances including service or replannapQ V parts, that would the change appearance and character or historic significance; MY Changes, other than those required for routine mYntenance, that would affect the appearance and character or historic significance; the commancement or continuation of a restoration program propnsed for thi- vessel, issuance Following of a Certificate of Apprgval for a restoration program, the Board shall that it require be regularly inforned in writing of proqram progress, I The Board Pecommunds also that the tugboat Arthur Foss, as a Seattle Histori c Landmark, under restoration and open to the public, shall be exempt from the 0 a.