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Home My WebLink AboutOrdinance 10507., ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 29-71 AND 29-91 OF CHAPTER 29, "SIGNS", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING T:3ERET0 THE PROVISION THAT HOSPITALS AND HOSPITAL DISTRICTS PROPOSING TO ERECT SIGNS OR SIGN STRUCTURES PROHIBITED BY SUBSECTIONS (b) AND (c) OF SECTION 29-71 AND BY SECTION 29-91 THEREOF SHALL BE PERMITTED TO ERECT SAME, PROVIDED THAT SUCH SIGNS OR SIGN STRUCTURES ARE FOR THE PURPOSE OF PUBLIC INSTRUCTION, TRAFFIC CONTROL AND SIMILAR USES INCIDENTAL TO THE PUBLIC INTEREST AND ARE NOT BUSINESS SIGNS, AND PROVIDED FURTHER THAT THE CITY COUNCIL HAS APPROVED THE LOCATION OF SUCH SIGN OR SIGN STRUCTURES AND THAT THE HOSPITAL OR HOSPITAL DISTRICT HAS EXECUTED AN ENCROACHMENT AGREEMENT WITH THE CITY AND HAS SECURED A POLICY OF PUBLIC LIABILITY INSURANCE FOR SUCH ENCROACHMENT AS PROVIDED IN THE BUILDING CODE; PROVIDING FOR THIS ORDINANCE TO BE CUMULATIVE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND CODE PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 29-71 of Chapter 29 of the Code of the City of Fort Worth (1986), as amended, be amended by adding thereto a new subsection designated as subsection (e), which new subsection shall read and be as follows: "(e) Hospitals and hospital districts proposing to erect signs or sign structures prohibited by subsec- tions (b) and (c) of this section shall be permitted to erect same, provided that such signs or sign structures are for the purpose of public instruction, traffic control and similar uses incidental to the public inter- est and are not business signs, and provided further that the City Council has approved the location of such signs or sign structures and that the hospital or hospi- tal district has executed an encroachment agreement with the City and has secured a policy of 'public liability insurance for such encroachment as provided in the building code." r, ~ ~.. SECTION 2. That Section 29-91 of Chapter 29 of the Code of the City of Fort Worth (1986), as amended, be amended by substituting the following in lieu thereof, and following said amendment, Section 29-91 of Chapter 29 of the Code of the City of Fort Worth (1986), as amended, shall read as follows, to wit: "Section 29-91. Location Restrictions. "(a) No sign with a ground clearance of less than eleven (11) feet may be erected within twenty (20) feet of a driveway or other ingress/egress to the property; nor shall any such sign be erected within .any corner clip or public open space easement (p.o.s.e.). No sign pole shall be greater than ten (10) inches in diameter within such a corner clip or p.o.s.e. See, Figure 7-A. "(b) Hospitals and hospital districts proposing to erect signs or sign structures prohibited by subsection (a) of this section shall be permitted to erect same, provided that such signs or sign structures are for the purpose of public instruction, traffic control and similar uses incidental to the public interest, and are not business signs, and provided further that the City Council has approved the location of such signs or sign structures and, if applicable, that the hospital or hospital district has executed an encroachment agreement with the City and has secured a policy of public liability insurance for such encroachment as provided in the building code." SECTION 3. This ordinance shall be cumulative of ali provisions of ordi- nances 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 ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and 2 :l ~ H 1. ). n phrases of this ordinance are severable, and, if any phrase, clause, sentence, 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, para- graphs 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, sen- tence, paragraph or section. SECTION 5. All rights .and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Chapter 29 or any other ordinances affecting signs and sign structures 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 6. That the violation of any provision of this ordinance or of the Fort Worth City Code relating to signs and sign structures in the City shall be deemed to be an offense and punishable by a fine not exceeding Two Hundred Dollars ($200), and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance or the City Code shall be and is hereby declared to be a distinct and separate offense and punish- able as such. 3 V !Y ri., ' v. ti ~ A. f ~ .. a SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and Sections 6, 8 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption and Sections 6, 8 and 9 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 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED• EFFECTIVE: 4 .:. ~..,a~.~•ww.-v ,~CCDUNI~N(i•1' c~it~ ®~' 1F®D°t ~®~°t~,, ~"~.~~~ IRAN5VOR7AT1ONfPU~ *~~~Y ,..,. :+dIN~51xtAT,d~I i~- ~~®11° ~IG11'~.,~1 c~®~uc~,~a~ c~®~,~,~~,~~~~~®~, C~T~ SE7V +~ t"'F. ' f. t n f+ allure A G,RE ADM e~xeec ~u xaeDa~eCSVa DATE REFERENCE SUBJECT AMENDMENT TO CITY SIGN PAGE EN~.A NUMBER CODE (SECTIONS 29-71 AND 29-91 1 1-30-90 **G-8441 OF CHAPTER 29 OF THE CODE OF '°`~ THE CITY OF FORT WORTH) NISIRATIOM~.~ » GE•~RECOMMENDATION CO RT aUMt1N~t 'fit is recommended that the City Council adopt the attached ordinance amending ;,NOSe~t~a~ 29-71 and 29-91 of Chapter 29 of the Code of the City of Fort Worth (1986), as amended. BACKGROUND Harris Methodist Fort Worth Hospital recently submitted a plan for the instal- lation of directional signs in and around the campus of Harris Methodist Fort Worth Hospital. These signs are for the purpose of public instruction and are not business signs. Therefore, they serve the "common good" of the pub- lic. It is anticipated that other hospitals in Fort Worth may follow suit and request right-of-way signage on their campuses. If so, each application will be reviewed and considered on an individual basis. The Construction and Fire Prevention Board of Appeals has reviewed the amendment and recommends approval. WWW f/6 SUBMITTED FOR IHt OFFICEABY GER'S Wi 11 iam Wood 6122 DISPOSITI^O APPROOVEDCIL. PROCESSED BY ORIGINATING C OTHER (DESCRIBE) 7 O DEPARTMENT HEAD• JOe Bi lardy 0901 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Joe Bilardi , 8901 DATE