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Home My WebLink AboutCP 171 ON oUiJ �J 1JLJVv ■ /1l ■ 1 f1 POLICY PROPOSAL DATE FILE NUMBER SUBJECT Adoption of Ordinance g PAGE L OFA 03/03/9 CP-171 Moratorium on Demolition or Removal of Historic Buildings and Structures PROPOSAL PROPOSED BY: Mayor Granger AN GE EVIEW and Councilmember Woods It is proposed that the City Council adopt the attached ordinance whichimpos moratorium on the demolition or removal of certain historically significant buildings and structures,an on the issuance of City permits for the demolition or removal of such buildings and structures, which moratorium would remain in effect until midnight on September 2, 1992. Discussion: Two historically significant buildings have recently been demolished in the City of Fort Worth. It is proposed that a moratorium be imposed on the demolition or removal of historically significant buildings and structures, and on the issuance of permits for such demolition or removal, for a period of six months. During this time a study would be made of the City codes and ordinances which regulate historic buildings and structures. The Landmark Commission and Zoning Commission would 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 would be then be recommended to the City Council. If adopted,the attached ordinance would impose the moratorium until midnight on September 2, 1992. The moratorium would apply to buildings and structures identified as primary resources for potential listing in the National Register of Historic Places by the City of Fort Worth's survey of historic resources, or those listed in the National Register of Historic Places. The moratorium would not apply to buildings or structures owned by the Federal Government or State of Texas, nor would it limit power of the City to order the demolition of a building or structure which 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. Le ali : This proposal is within the powers of the City Council and there is no known legal impediment to its implementation. City Manager's Comments: The City Manager has reviewed this proposal and has no objections to it. APPROVED CITY COUNCIL sp 3 1992 LEGALITY ❑ d4,�d&""A-,J FISCAL NOTE ❑ City Secretary of the City of Fort Worth,Tez" CITY MANAGER'S COMMENTS ❑ ORDINANCE NO. AN ORDINANCE IMPOSING 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 DEMOLITON OR REMOVAL, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON SEPTEMBER 2 , 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; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City of Fort Worth regulates the use of historically 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, two historically significant buildings have recently been demolished in the City of Fort Worth; and WHEREAS, the City Council has determined that the status quo should maintained so that historically significant buildings and t structures will not be demolished or removed while the Landmark Commission, Zoning Commission and City Council consider possible revisions to the ordinances and regulations pertaining to his- torically significant buildings and structures ; and WHEREAS, the City Council has determined that it is appropriate for a moratorium to be imposed on the demolition or removal of historically significant buildings or structures or the issuance of City permits for such demoliton or removal, so that such revisions may be considered; � y 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, a moratorium is hereby imposed on the demolition or removal of historically significant build- ings and structures in the City of Fort Worth and on the issuance of City permits for such demolition or removal, and no such building or structure shall be demolished or removed or such per- mits issued during the period of such moratorium. That such moratorium shall remain in effect from the effective date of this ordinance until the City Council repeals this ordinance or until midnight on September 2, 1992, whichever occurs first. That the term "historically significant building or structure" shall mean buildings or structures identified as primary resources for potential listing in the National Register of Historic Places by the City of Fort Worth's survey of historic resources, or those listed in the National Register of Historic Places . That the moratorium shall not apply to buildings owned by the Federal government or State of Texas, nor shall it limit the power of the City to order the demoliton 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. An- 2 SECTION 2 . That the purpose of this moratorium is to maintain the status quo concerning the demolition or removal of historically significant buildings or structures until proposed revisions to ordinances and regulations concerning such buildings and struc- tures can be considered by the Landmark Commission, Zoning Commission and City Council. SECTION 3 . That all 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 ( 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 i.. 3 f 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 P 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. SECTION 7 . A - 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. 4 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: City Attorney Date: ADOPTED: EFFECTIVE: 5