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HomeMy WebLinkAboutOrdinance 8025ORDINANCE N0, O 0 2-S' AN ORDINANCE PERMITTING FORT :WORTH INN, ITS SUCCESSORS AND ASSIGNS., TO LEAVE CERTAIN IM- PROVEMENTS AS THEY ARE NOW LOCATED WITH RESPECT TO LOTS 9 THROUGH 16, BLOCK 96, ORIGINAL TOWN OF THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, SAID ADDITION ALSO BEING KNOWN AS CITY ADDITION TO THE CITY OF FORT WORTH, TEXAS AND AN ALLEY RUNNING THROUGH SAID BLOCK 96 SETTING FORTH CERTAIN CONDITIONS AND REQUIREMENTS FOR LEAVING THE IMPROVEMENTS IN THEIR PRESENT LOCATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, Fort Worth Inn, a partnership is the owner of an existing building located on Lots 13 through 16, Block 96, Original Town of the City of Fort Worth, Tarrant County, Texas, said addition also being known as City Addition to the City of Fort Worth, Texas, and an existing parking garage located on Lots 9 through 12 of said Block 96; and WHEREAS, the existing building located on Lots 13 through 16, said Block 96, extends and encroaches onto and upon the public right-of-way on East Fifth Street adjacent to and abutting Lot 16, said Block 96, a minimum of .08 feet on the West to a maximum of 13 feet on the East; and WHEREAS, the upper floors of said building on its west side extend a distance of 5 feet into air space thirteen feet above the surface of the public right-of-way open and utilized as an alley and for public utilities, said alley running North and South through said Block 96; and WHEREAS, an outside fire escape attached to the west wall of the parking garage building located on Lots 9 through 12, of said Block 96, extends into air space above, and when extended touches the surface of said alley running generally North and South through said Block 96; and WHEREAS, the owner of said buildings has petitioned the City of Fort Worth to permit the continuance of said encroachments onto and above said public right-of-way; and WHEREAS, the City of Fort Worth,' recognizing the impracticality of removing said encroachments in the face of no demonstrated present or foreseeable impairment of the public use and benefit in, over or upon the public right-of-way by virtue of said encroachments; NOW THEREFORE, BE .IT ORDAINED BY THE'CITY COUNCIL OF THE CITY.OF FORT, WORTH, TEXAS: SECTION 1. That Fort Worth Inn (hereinafter referred to as "permittee"), as the owner of Lots 9 through 16, said Block 96, and its successors and assigns, be permitted, subject to the conditions expressed herein, to leave the existing buildings and said fire escape as they now exist with respect to the'said street and alley referred to above; and that said improvements now existing and the encroachments they represent upon and over the public right-of-way be allowed to stand during the life of said building; provided, however,.that in the event that either of such buildings or the encroaching appurtenances be demolished, the permission hereby granted shall automatically terminate as to the buildings or appurtenances so demolished and any reconstruction of buildings 'so demolished shall be accomplished so as not to encroach upon any street, alley or public right-of-way. SECTION 2. That the permission granted herein to the permittee to encroach upon, into and above portions of the space over, on and/or above the public street, the public right-of-way and the alley referred to herein is subject to the following conditions: A. That said permission and authorization for permittee to continue to encroach into and upon public rights -of -way is granted for and in considera- tion of the payment by permittee of the application charge set out below and the true and faithful performance of the mutual covenants herein contained. B. All construction, maintenance and operation in connection with such encroachments, their use and occupancy',, shall be performed in strict compliance with the Charter, Ordinances and Codes of the City of Fort Worth and in accordancewith the directions of the Director of Public Works: of said City or his duly authorized respresentative. Plans and specifications for any modification, alteration or reconstruction of the encroaching portions of the building(s) or appurtenances shall be subject to the prior written approval of the Director of Public Works or his duly authorized representative; but, such approval shall not relieve permittee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. C. In the. event any installation, reinstallation, relocation or repair of any existing or future utility or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by the maintenance or existence of such encroachment and use, permitt.ee shall pay to the City an additional amount equal to such additional cost as determined by the Director of Public Works of the City of Fort Worth, or his duly authorized representative. D. In order to defray all costs of inspection and supervision which the City of Fort Worth has incurred or might _.incur as a result of the construction,.re- construction or maintenance of the encroachments and uses provided for by this ordinance, permittee binds and obligates itself, its heirs and assignees to pay to the City of Fort Worth at the time this ordinance becomes effective an application charge in the sum of One Hundred Dollars ($100.00). E. It is further understood and agreed between the parties hereto that the City of Fort Worth exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; that the City of Fort Worth holds the streets as trustee for the public and that the City of Fort Worth cannot contract away its duty and its legislative power to control the streetsfor the use and benefit of the public. F. Permittee agrees to comply fully with'all applicable federal, state and municipal laws, statutes, ordinances, codes or regulations in connection with the maintenance of said encroachments. and uses.' G. Permittee agrees to pay promptly when due all fees, taxes or rentals provided for by any applicable law or regulation, including this ordinance. H. Permittee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder, and not as an officer, agent, servant or employee of the City; that permittee shall have exclusive control of and the exclusive right to control the details of its operations on said premises, and all persons performing same, and shall be solely responsible for the 'acts and omissions of its officers, agents, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respon.deat superior shall not apply as between City and permittee, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and permittee. I. Permittee covenants and agrees to idemnify, and does hereby indemnify, hold harmless and defend, the City of Fort Worth, its officers, agents, servants and employees, from and against any and all claims or suits for property damageorloss and/or personal injury, in- cluding death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the construction, maintenance, occupancy, use, existence or location of said encroachment and uses granted here- under and permitted hereby assumes all liability and responsibility for such claims or suits. Permittee -4- shall likewise indemnify and hold harmless City for any and all injury or damage to City property, whether arising out :of or in .connection with any and all acts or omissions of permittee, its officers, agents, employees, ;contractors, subcontractors, licensees or invit.ees, or caused, in whole or in part, by alleged ,officers, agents, servants or employees of City. J. Permitt.ee agrees to furnish City a certificate of insurance as proof that it has secured and,paid for a policy of public liability insurance covering all public risks related to the proposed use and occu- pancy of public property as located and described herein. The amounts of such insurance shall be not less than the following: Property damage, per accident $ 50,000 Personal injury or death, per person $100,000 Personal injury or death, per accident $300,000 with the understanding of and agreement by permittee that such insurance amounts shall be revised upward at City's option to the amounts, if available, of comparable cov- erages for comparable risks in the City of Fort Worth and that permittee covenants and agrees to so revise such amounts within thirty (30) days, following notice to permittee of such requirement. Permittee agrees, binds and obligates itself, its heirs and assigns to 'maintain and keep in -force such public liability 'insurance at all times during the term of the permission granted herein. A certificate of insurance as proof of such main- tenance shall be submitted annually to City on the anniversary date of the acceptance of the terms hereof. Each such insurance policy shall provide that it can- not be cancelled or amended without at least thirty (30) days" prior ' written: notice to City. M SECTION 3 That.it is hereby.decl'ar.ed 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, paragraphs 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 or section. SECTION 4. That this ordinance shall become effective upon permittee's written acceptance of the terms hereof within ten (10) days of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Ciify Attorney ADOPTED.. ACCEPTED BY PERMITTEE: M _LEY C, AI Al '4j �j I c3 - City o, f' Fort Worth, Texas .mayor and Council Communication DATE REFERENCE SUBJECT: Fort Worth Inn Encroachments — PAGE NUMBER East Fifth and Commerce Streets lof 1 12/27/79 1 G-4418 The Fort Worth Inn, a partnership, owns a building located at East Fifth and Commerce Streets and a parking garage at East Sixth and Commerce Streets and is requesting certain encroaching improvements in the subject property be left as they are now located. The improvements encroaching into public pro- perty as illustrated on the attached sketch are described as follows: 1) The building at East Fifth and Commerce extends into East Fifth Street a maximum distance of .13 feet (1.56 inches); 2) The upper floor of that same building on its west side extends into the air space above an alley; 3) An outside fire escape attached to the west wall of the parking garage located at the intersection of East Sixth Street and Commerce Street extends into air space above, and when extended, touches the surface of an alley. The Fort Worth Inn is in the process of being renovated and loan approval for the renovation is contingent on the approval of this request that the City Council allow the above encroachments to remain as they are now. The described encroachments have been in place for a number of years and do not appear to interfere with public use of public property. Recommendation It is recommended that the City Council adopt an ordinance allowing the above described encroachments to remain as they are now. VS:ms / VIZ7G 7 t Attachment SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S � /� OFFICE BY: , ,JG,/liZ.cL.f'Sv Slc:a..�._ ❑ APPROVED l ❑ OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD: Joe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: .Toe Bilardi, ext. 7850 DATE