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Home My WebLink AboutCP 177 CIT FO WO TEXAS COUNCIL PROPOSAL Date File Number SubjeCtAdoption of Urdinance txtenatng Demolition or Removal of Historic Buildings and 12/3/92 CP-177 Structures Proposed by City Managers Review MAYOR RAY GRANGER �� Pagel--4— PROPOSAL- It agelorPROPOSAL:It is proposed that the City Council adopt the attached ordinance, which amends Ordinance No. 11032 and Ordinance No. 11156, to extend until midnight on March 31, 1993, 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 0001 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. On August 25, 1992, the City Council adopted Ordinance No. 11156, which extended the moratorium imposed by Ordinance No. 11032 for an additional three months. 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 March 31, 1993, to permit 01011 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. CITY MANAGER'S COMMENTS: The City Manager has reviewed this proposal and has no objections to it. APPROVED CITY COUNCIL twit Adopted 1lr&a� 0 LEGALITY 0 FISCAL NOTE City SOOMW7 at 0%& 0 CITY MANAGER'S COMMENTS city of Fort worms Texas 0 CITY POLICIES MANUAL i ORDINANCE N0. �a Z42, AN ORDINANCE AMENDING ORDINANCE NO. 11032 AND ORDINANCE NO. 11156 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 MARCH 31, 1993, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRE- SERVE THE STATUS QUO PENDING CONSIDERATION BY THE LANDMARK COMMISSION, ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE REVISIONS TO THE BUILDINGS AND STRUCTURES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH; AND PROVIDING AN EFFECTIVE DATE. 4 WHEREAS, the City of Fort Worth regulates the use of histor- ically significant buildings and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordinances and regulations; and ow� 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 be maintained so that historically significant buildings +0` 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 historically 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 4 WHEREAS, on August 25, 1992, the City Council adopted Ordinance No. 11156 that extended such moratorium for an addi- tional three months; and WHEREAS, such moratorium will expire and, although signifi- cant progress has been made concerning possible revisions to the ordinances and regulations pertaining to historically significant buildings and structures, 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 and Ordinance No. 11156 should be extended until midnight on March 31, 1993; a 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 and Ordinance No. 11156 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 March 31, 1993, 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 -2- Council repeals this ordinance or until midnight on March 31, 1993, whichever occurs first. That the term "historically signif- icant building or structure" shall mean buildings or structures listed in the 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 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. -3- .�• 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 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 -4- of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 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 B . 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-