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Home My WebLink AboutOrdinance 11156 ORDINANCE NO. / AN ORDINANCE AMENDING ORDINANCE N0. 11032 TO EXTEND A MORATORIUM ON THE DEMOLITION OR REMOVAL OF CERTAIN HISTORICALLY SIGNIFICANT BUILDINGS AND STRUCTURES IN THE CITY OF FORT WORTH AND ON THE ISSUANCE OF PERMITS FOR SUCH DEMOLITION OR REMOVAL, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON NOVEMBER 30, 1992, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE LANDMARK COMMISSION, ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO HISTORIC BUILDINGS AND STRUCTURES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth regulates the use of his- torically significant buildings and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordinances and regulations; and WHEREAS, in February of 1992 two historically significant buildings were demolished in the City of Fort Worth; and WHEREAS, the City Council determined that the status quo should maintained so that historically significant buildings and structures would not be demolished or removed while the Landmark Commission, Zoning Commission and City Council considered possible revisions to the ordinances- and regulations pertaining to his- torically significant buildings and structures; and WHEREAS, on March 3, 1992, the City Council adopted Ordinance No. 11032 that imposed a moratorium on the demolition or removal of historically significant buildings or structures or the issu- ance of City permits for such demolition or removal, so that such revisions may be considered; and irl ^ WHEREAS, such moratorium will remain in effect until midnight on September 2, 1992, and, although significant progress has been made concerning possible revisions to the ordinances and regula- tions pertaining to historically significant buildings and struc- tures, the Landmark Commission, .Zoning Commission and City Council require additional time to complete their study and review and to draft revisions to such ordinances and regulations; and WHEREAS, the moratorium imposed by Ordinance No. 11032 should be extended until midnight on November 30, 1992; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, pursuant to the valid exercise of the police power granted to the City of Fort Worth, the moratorium heretofore imposed by Ordinance No. 11032 on the demolition or removal of historically significant buildings and structures in the City of Fort Worth and on the issuance of City permits for such demolition or removal, is hereby extended and shall remain in effect until midnight on November 30, 1992, and no such building or structure shall be demolished or removed or such permits issued during the period of such moratorium. That such moratorium, as extended, shall remain in effect until the City Council repeals this ordi- nance or until midnight on November 30, 1992, whichever occurs first. That the term "historically significant building or structure" shall mean buildings or structures listed in the 2 'iJ Tarrant County Historical Resource Survey as a primary resource and those listed in the National Register of Historic Places. That the moratorium shall not apply to buildings or structures owned by the Federal government or State of Texas, shall not limit the power of the City to order the demolition of a building or structure that is determined by the Building Official to be such a threat to the health, safety or welfare of the community that its immediate demolition is warranted; nor shall the moratorium apply to buildings or structures for which a valid demolition permit was issued before March 3, 1992, the date when Ordinance No. 11032 was adopted. SECTION 2. That the purpose of this moratorium is to maintain the status quo concerning the demolition or removal of historically signifi- cant buildings or structures until proposed revisions to ordi- nances and regulations concerning such buildings and structures can be considered by the Landmark Commission, Zoning Commission and City Council. SECTION 3. That ail of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 4. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas 3 S.~ f'^ ~ (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 such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 5. That any person, firm or corporation who violates, disobeys omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. That 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, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the .incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 4 .;y<n . SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and effective date of this Ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 8. That this ordinance shall be in full force and effect from and after its passage and publication, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~,1 ( / ~~ City Attorney Date : C '~ ~' ~ '_ ~ ~ ADOPTED: ~~~J _. EFFECTIVE: 5 MASTER FILE+A ~---"- Ci~' f~„~ ACCOUNTINQ+2 <ERANSPORTATIaN~BUBLIG. KS~ O "~' HATER AOMiNlsTRAT'IUIV ~ tAW•.]i ,TEXAS ~~~ n~r~. File Number Subject op xon o r finance x en i g 8 25/92 CP-17 5 Demolition or Removal of Historic Buildings and u e Proposed by - City Manager's Review MAYOR KAY GRANGER- ~r ~ Page 1 oft PROPOSAL: It is proposed that the City Council adopt the attached ordinance, which amends Ordinance No 11032, to extend until midnight on November 30, 1992, the moratorium on the demolition or removal of historically significant buildings and structures and on the issuance of City permits for such demolitions or removals DISCUSSION In February of 1992, two historically significant buildings were demolished in the City of Fort Worth. On March 3, 1992, the City Council adopted Ordinance No. 11032, which imposed a six- month moratorium on the demolition or removal of historically significant buildings and structures and on the issuance of permits for such demolitions or removals. The Council also appointed a study committee to review City codes and ordinances which regulate historic buildings and structures The Landmark Commission and Zoning Commission were also asked to determine whether more effective code and ordinance provisions could be adopted to protect and preserve such buildings and structures in the City of Fort Worth Proposed revisions to such codes and ordinances will be recommended to the City Council The moratorium imposed by Ordinance No 11032 will expire at midnight on September 2, 1992 The Study Committee has worked diligently and has made substantial progress; however, the Committee has not completed its review and recommendations. The Committee requests that the moratorium be extended until midnight on November 30, 1992, to permit the Committee, the Landmark Commission and Zoning Commission to complete their work LEGALITY: This proposal is within the powers of the City Council and there is no known legal impediment to its implementation. CITX MANAGER'S COMMENTS The City Manager has reviewed this proposal and has no objections to it O LEGALITY G FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL ~~ ~y g ,.;, ~~~Ut~~ppG~~i~ggl~~~ ~,~~~ ~411~! AUK ~ 1992 ~~ ~`~ City SeCrQ~sy of the Gitp of Port Worth, Texas COUNCIL PROPOSAL