HomeMy WebLinkAboutOrdinance 9357r
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ORDINANCE N0.
AN ORDINANCE VACATING AND ABANDONING A PORTION OF A
BUILDING LINE ON HEMPHILL STREET; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES OR PORTIONS THEREOF IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 21, 1928, the City Council of the City of
Fort Worth adopted Ordinance No. 1381 establishing building lines on
Hemphill Street between the north line of Spurgeon Street and the
south line of Rio Grande Avenue which prohibited the erection,
construction, reconstruction or placing of new buildings or struc-
tures between said building lines; and
WHEREAS, the City of Fort Worth now desires to vacate a portion
of said building line, said portion being located on Lots 16R, 17R,
and 18R, Block 8, Southside Addition to the City of Fort Worth,
conditioned upon the dedication of a permanent 20' X 20' triangular
public open space easement at the southeast corner of Hemphill
Street and Anthony Street in which the construction, erection or
maintenance of any structure or improvement is prohibited.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That that ,portion of a building setback line located on lots
16R, 17R, and 18R, Block 8, Southside Addition to the City of Fort
Worth as established under Ordinance No. 1381, adopted by the City
Council on February 21, 1928, is hereby vacated and abandoned.
SECTION 2.
That the erection, construction, reconstruction or placing of
new buildings or structures on said lots 16R, 17R, and 18R, Block 8,
Southside Addition to the City of Fort Worth shall be in strict
compliance with all other Federal, State and local laws and regula-
tions including any setbacks required by the Comprehensive Zoning
Ordinance and in compliance with all setbacks and building. restric-
tions recorded in the Tarrant County Deed Records.
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SECTION 3.
That this Ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1964),
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such Code are hereby repealed.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.
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. 1381 or any other ordinances affecting building set-
backs which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending liti-
gation, 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 is hereby directed
to engross and enroll this ordinance by copying the caption, the
preamble, and Sections 1 and 6 in the minutes of the City Council
and by filing this ordinance in the ordinance records of the City.
SECTION 6.
That this ordinance shall take effect and be in full force and
effect from and after its passage and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : ''~ "' ~ ^ $ ~/
ADOPTED : //,~,
EFFECTI VE `' "l °'
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4/ 9i 85 REFERENCE
NUMBER SUBJECT
Vacation of Set-Back at 4251 Hemphi 11 PAGE
1
5 **PZ-1339 t or
Mr. Jay Kuhne of 435 Salix Court is in the process of purchasing real property
at 4251 Hemphill Street (Lots 16R, 17R, and 18R, Block 8, Southside Addition).
The property is subject to a ten foot (10') building line set-back established
under Ordinance No. 1381, adopted February 21, 1928. Mr. Kuhne has requested
that the City Council approve a vacation (or abandonment) of the ten foot (10')
set-back requirement on his property. Staff has reviewed this request and has
no objections provided that a 20' x 20' triangular public open space easement
is dedicated at the southeast corner of Hemphill Street and Anthony Street.
The Department of Law has drafted an ordinance which vacates the ten (10') foot
building line on the above described property.
Recommendation
It is recommended that the City Council adopt the attached ordinance vacating
the ten foot (10') building set-back line on Lots 16R, 17R, and 18R, Block 8,
Southside Addition, subject to the dedication of an open space easement as
provided above.
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CITY ~OUNCI~.
ApR 9 1985
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City Secretary of the
City of Fort W,ptt14 ,~~
SUBMITTED FOR THE
CITY MANAGER'S / DISPOS)TtON BY COUNCIL:
~ APPROVED PROCESSED BY
C)FFICE BY ~(.. _
ORIGINATING Joe Bi 1 ardi ~ OTHER (DESCRIBE)
DEPARTMENT HEAD 9 CITY SECRETARt
FOR A0D1fIONAL INFORMA~~{QNMi 1 ler Ext 8176
tt11 II''II Adopted Ordinance ~~o.
DATE
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