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
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P. O. No.42978-U