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HomeMy WebLinkAboutOrdinance 3768 ORDINANCE NO. J;74& AN ORDINANCE PERMITTING THE OWNER OF LOTS 1 AND 2, BLOCK 114, ORIGINAL CITY OF FORT WORTH, TEXAS, TO CONSTRUCT, EXTEND AND MAINTAIN THE HOOF OF A BUILDING TO BE ERECTED ON SAID LOTS OVER AND ACROSS THE SIDEWALK ADJOINING SAID PROPERTY ON THE NORTH SIDE OF WEST 9TH STREET AND SUPPORT SAID HOOF BY COLUMNS SET IN SAID SIDEWALK NOT CLOSER THAN 1 FOOT 6 INCHES TO THE STREET SIDE FACE OF THE CURB: AUTHORIZING AND DIRECTING 'THE BUILDING COMMISSIONER OF THE CITY OF FORT WORTH, TEXAS, UPON FINDING THAT SAID BUILDING MEETS ALL OTHER BUILDING STANDARDS OF THE CITY OF FORT WORTH TO ISSUE A BUILDING PERMIT FOR SAID BUILD- ING, PERMITTING THE ROOF THEREOF TO EXTEND OVER AND ACROSS SAID SIDEWALK AND BE SUPPORTED BY COLUMNS PERMITTING SAID OWNER, ITS SUCCESSORS AND ASSIGNS, TO MAINTAIN SAID ROOF OVER AND ACROSS SAID SIDEWALK AND SUPPORTING COLUMNS IN SAID SIDEWALK AREA FOR AND_ DURING THE LIFE OF THE BUILDING; PROVIDING THAT IF SAID BUILDING BE DESTROYED SAID PORTIONS OF SAID STRUCTURE OCCUPYING THE SIDEWALK AREA SHALL BE REMOVED AND THE SIDEWALK REPLACED WITHOUT COST TO THE CITY OF FORT WORTH, PROVIDING THAT SAID PERMIT IS SUBJECT TO REVOCATION BY THE CITY COUNCIL OF FORT WORTH, TEXAS, AT ANY TIME WHEN THE SIDE- WALK SPACE SO OCCUPIED IS NEEDED FOR THOROUGHFARE USE OR IMPROVEMENTS; PROVIDING THE OWNER OF SAID LOTS SHALL SAVE AND HOLD HARMLESS THE CITY OF FORT WORTH FROM ALL SUITS AND CAUSES OF ACTION ARISING OUT OF THE ERECTION, I{IAINTENANCE AND LOCATION OF SAID ROOF AND COLUMNS IN THE PUBLIC STREET: PROVIDING THAT THIS ORDINANCE SHALL NEVER BE CONSTRUED AS VESTING ANY TITLE OR INTEREST IN AND-)TO SAID PUBLIC STREET OR PORTION THEREOF IN AND TO THE OWNER OF SAID LOTS; REPEAL- ING ALL ORDINANCES IN CONFLICT THEREWITH TO THE EXTENT OF SUCH CONFLICT; AND FIXING AR EFFECTIVE DATE. WHEREAS, Farm and Home Savings and Loan Association is the owner of Lots 1 and 2, Block 114, Original City of Fort Worth, Tarrant County, Texas, fronting west 50 feet on Houston Street and extending east with the north line of West 9th Street 100 feet; and WHEREAS, said Association desires to raze the present building situated on said lots and erect on said property a modern two-story office building, the roof of which 1s designed t to extend over and across the sidewalk adjoining said lots on the north side of West 9th Street, and be supported by columns set In the sidewalk approximately 1 foot 6 inches from the street side face of the curb; and 1. WHEREAS, said Association had made application to the City Council of Fort Worth, Texas, for permission to extend the roof of said building over the sidewalk and support it with columns located in the sidewalk area in the manner above mentioned; and said City Council finds that it would promote the public prosperity and general welfare of the City for said application to be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That Farm and Home Savings and Loan Association, the owner of the above described real property, be, and it is hereby, authorized and permitted to erect, construct, extend, repair, and maintain the roof of the building which It purposes to erect on Lots 1 and 2, Block 114, Original City of Fort Worth, Tarrant County, Texas, over and across the sidewalk adjoining said lots on the north side of West 9th Street in raid City, and to support said roof with columns erected and located in the sidewalk area no closer than 1 foot 6 inches to the street side face of the curb. 2. That the Building Commissioner of the City of Fort Worth, Texas, upon finding that said building meets all other building standards of the City of Fort Worth, be, and he is hereby authorized and directed to issue to said Association a building permit for said building, which will permit the said Association to build and extend the roof of said building over and across said sidewalk and support the same with columns located as set forth above. 2. 3. That said Association, its successors and assigns, shall have the right to maintain said roof over and across the sidewalk and its supporting columns in said sidewalk area as above set forth for and during the life of the building; provided, that If said building be destroyed that portions of the roof extending over said sidewalk and its supporting columns shall be removed, and the sidewalk replaced all without cost to the City, from over and off the sidewalk area, and, provided further, that the ,permit to maintain said roof and supporting columns in said sidewalk is subject to revocation by the City Council of the City of Fort Worth at any time when the sidewalk space is needed for public thoroughfare use or improvements. That said Association, its successors and assigns shall save and hold harmless the City of Fort Worth, its officers, agents, servants and employees from all claims, suits or causes of action, whether real or asserted ariaing out of the construction, maintenance, location or presence of said roofed area or columns In the public street and right of way of the City of Fort forth; and that this ordinance shall never be construed as conveying or vesting any title or interest in such public street and thoroughfare or any portion thereof in and to the said Farm and Home Savings and Loan Association. That all ordinances in conflict herewith be, and the same are hereby, repealed to the extent of such conflict. 4. This ordinance shall become effective as of the date of pas-sage. _ M OR, CITY OF FM WORTH, '£E'3CAS GITYf S" aE ARY -AMOVED AS TO FORM: CITY ATTORNEY 3. ORDINANCE Title4 -_ /e Adopted _ -e_c,/ Final Adoptio Publishe Filed -day o 19 City Secretary 1 r f . P. O. No.42978-U