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HomeMy WebLinkAboutOrdinance 112946 ti ~ 4' c ` ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), BY ADDING A NEW ARTICLE VI, "HISTORIC AND CULTURAL LANDMARKS COMMISSION", TO CHAPTER 25, "PLANNING", WHICH NEW SECTION ESTABLISHES THE HISTORIC AND CULTURAL LANDMARKS COMMISSION AND DEFINES THE POWERS AND DUTIES OF THE COMMISSION; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 25, "Planning", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by adding a new Article VI, Historic and Cultural Landmarks Commission", to read as follows: ARTICLE VI. HISTORICAL AND CULTURAL LANDMARKS COMMISSION Sec. 25-78. CREATION AND APPOINTMENT (a) There is hereby created the Historic and Cultural Landmarks Commission (referred to herein as the Commission) to be composed of nine (9) members who are qualified electors of the City of Fort Worth. The members shall serve for two years in places numbered 1 through 9. Members appointed in odd numbered places shall serve terms which expire October 1 of odd-numbered years. Members appointed to even-numbered places shall serve terms which expire on October 1 of even-numbered years. The City Council shall appoint representatives who have demonstrated their civic interest, general knowledge of the community, independent judgment and availability to prepare for and attend meetings. When- ever feasible, five appointees should be practicing professionals from the fields of architecture, landscape architecture, urban planning, real estate or law. The Director of Development, the Director of Planning and Growth Management and the Building Official shall be ex- officio non-voting members of the Commission. o FF ear ER co ~D CITY SECRft~RY ~• WORTH, TAX, (b) All Commission members, regardless of back- ground, shall have a known and demonstrated interest, competence or knowledge in historic preservation and planning within the City of Fort Worth. (c) As nearly as is reasonably possible, the Commission members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth. (d) Commission members shall serve for a term of two years. No member shall serve more than three con- secutive two-year terms. Newly appointed members shall be installed at the first regular meeting after their appointment. (e) The Chairman and Vice Chairman of the Commission shall be elected by and from the members of the Commission. (f) The Commission shall meet at least monthly if business requires. Special meetings may be called at any time by the Chairman or on the written request of any two Commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Civil Statutes, Article 6252-17. (g) Five (5) members of the Commission shall constitute a quorum for the conduct of business; however five affirmative votes shall be required to decide any issue before the Commission. The members of the Commission shall regularly attend the meetings and public hearings of the Commission and shall serve with- out compensation. (h) When a member of the Commission is absent frog three (3) consecutive meetings of the Commission, or misses twenty-five percent (25$) or more of the meetings of the Commission in a twelve (12) month period, the Chairman, Vice-Chairman or Secretary of the Commission shall report this fact to the City Secretary in writing, within ten (10) days of the third missed meeting fn accordance with the absence rules, Section 2-82 of tha Fort Worth City Code. Sec. 25-79. POWERS AND AUTHORITY OF THB COMMISSIOp (a) The Commission shall be empowered tot (i) Prepare rules and procedures as necessary to carry out the business of the Commission, which shall be ratified by the City Council. -2- OFFICIAL RFCO~RO ' CITY SECR~'~RY ~. WORT~#, TL'X. (2) Create committees from among its membership to advise the Commission in carrying out the purposes of Section 2-G of the Zoning Ordinance. (3) Administer the City•s Certified Local Government Program. (4) Maintain written minutes which record all actions taken by the Commission and the rea- sons for such actions. (5) Increase public awareness of the value of historic, cultural, architectural and archeo- logical preservation by developing and par- ticipating in public education programs. (6) Conduct ongoing surveys to identify and list significant historical, cultural, architec- tural and archeological resources. (7) Make recommendations for the employment of professional consultants as necessary to carry out the duties of the Commission. (8) Hold hearings and recommend to the City Council that certain structures and property be designated as Historic Structures or Property, pursuant to Section 7-410 of the City Code, or that such designation be removed. (9) Maintain, revise and amend the Historic Resources Survey, as provided in Section ?- 412 of the City Code. (10) Initiate and/or consider applications, hold hearings and recommend to the Zoning Commission, which recommends to the City Council, that "HC" Overlay Districts be des- ignated or a-odif ied when, in the Commission's opinion, preservation of the City•s histori- cal, cultural, architectural or archeological heritage requires or justifies the extension of protection afforded by the designation or conditions require the deletion of that pro- tection. (11) Maintain a current list of "HC" Overlay Districts. D~C~ RfCORO "3- C~' SECRfIARr fT. WpRtN, TAX. I (12) Adopt, enforce and amend design guidelines for "HC" Overlay Districts. (13) Hold hearings and make decisions concerning the issuance of Certificates of Appropriate- ness for demolition, relocation or other work on certain structures and property and, when appropriate, to recommend salvage plans in connection with such demolition, relocation or other work, pursuant to Chapter 7, Article lC, Division 2, of the City Code. (14) Review public works and public utility pro- jects to be constructed within or immediately adjacent to 'HC" Overlay Districts and make recommendations concerning whether they are appropriate to the character of the District. (15) Recommend enforcement actions to be taken against property owners who permit the demo- lition by neglect of an Historic Structure or Property, pursuant to Section 7-427 of the City Code. (16) Designate two members of the Commission to serve on the Scenic Preservation Committee pursuant to Section 17-A, Paragraph (H), of the Zoning Ordinance. (17) Advise and consult with the owners of struc- tures and pro rty in "HC" Overlay Districts and the owners of Historic Structures or Property. (18) Propose incentive programs for rehabilitation of structures and properties in "HC" Overlay Districts. (19) Review requests regarding participation in historic preservation economic incentive pro- grams and forward recommendations concerning such requests to the City Council. (20) Make recommendations to the City Council con- cerning the utilization of city, state, fed- eral or private funds to promote historic preservation in the City. (21) Recommend recognition of the owners of struc- tures or property in "HC" Overlay Districts by means of certificates, plaques or markers. to ---.... -4- 0«1CGIL RfC~R~ C~ SECRETARY ~. WORTH, TEX. (22) Recommend to the City Council that the City act as a conservator in the public interest through mediation, arbitration or, in extreme cases, litigation. (23) Recommend to the City Council that the City acquire a structure or property where its preservation is essential to the purposes of Section 2-G of the Zoning Ordinance and where private preservation is not feasible. (24) Recommend to the City Council that the City accept the donation of preservation easements and development rights as well as gifts for the purpose of historic preservation. (25) Administer the City's program of partial city tax exemptions for certain historically sig- nificant sites. (26) Exercise such other and further powers as may be conferred on the Commission by City codes or ordinances. (b) The Commission shall adopt, in cooperation with the Plan Commission, a Preservation Plan to be incorporated into the City of Fort Worth Comprehensive Plan. The Preservation Plan shall includes (1) The Historic Resources Survey, as amended and revised; (2) Criteria to be used in identifying and prior- itizing sites; and (3) General description of forms and styles found in Fort Worth. The Plan will also include criteria for selecting and preserving structures and property. The Plan will also set forth priorities not only among various his- toric sites but also between conflicting land use goals and shall include specific recommendations on how to resolve conflicts between competing uses. The Plan will recommend the coordination required with other depart- ments and other public and private groups to implement historic preservation. The Commission shall review the Preservation Plan every 5 years. Revisions may be made to the Plan at any time in accordance with the rules and policies of the City. o~rc~ R -s- CITY SECRETARY WORTH, TT'X. (c) No changes shall be made to the Historic and Cultural Landmark Overlay District provisions of the Zoning ordinance or the Preservation .Plan without the recommendation of the Commission first being entered at the required public hearings. (d) The Commission is empowered to interpret or amplify its design guidelines, policies, procedures and rules for the benefit of the City's administrative staff, the property owners or other interested parties. Any applicant aggrieved by a ruling of the Commission may under the provisions of this Paragraph (d) appeal to the City Council in writing within 10 days after the ruling. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordi- nances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sen- tence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. -6- 0~'~IOIA1 R~~ORO OITY S~OR~ETARY Fl'. N~ORTN, TAX. T SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6. This ordinance shall be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~ ~ City Attorney Date : ~ _ l ~ , ~ ~ ADOPTED s °~-~~ ' ~~7 EFFECTIVE: 7 ''~~ -~- OfFlClAt RECORD ''. Cl~Y SECRETARY f T. WORTH, ~'EX.