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HomeMy WebLinkAboutOrdinance 17099-08-2006--- ORDINANCE NO. 17099-08-2006 --- AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 7 `BUILDINGS" ARTICLE IV `MINIMUM BUILDING STANDARDS CODE DIVISION 2 ADMINISTRATION" BY AMENDING SECTION 7 78 APPEALS BOARD" TO EXPAND THE AUTHORITY OF THE APPEALS BOARD TO HEAR APPEALS FROM THE HISTORIC AND CULTURAL LANDMARKS COMMISSION DOWNTOWN DESIGN REVIEW BOARD AND OTHER BOARDS OR COMMISSIONS AS DETERMINED BY CITY COUNCIL AND TO EXPAND THE MEMBERSHIP OF THE BOARD FROM FIVE TO NINE MEMBERS TO BE APPOINTED BY CITY COUNCIL, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS CLAUSE PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current procedure for property owners desiring to appeal a decision of the Historic and Cultural Landmarks Commission and Downtown Design Review Board is to appeal to the City Council of Fort Worth, and WHEREAS, the Crty Council of Fort Worth requested that city staff make a recommendation to provide alternatives as to where the appeal would be heard, and WHEREAS staff recommended that the Appeals Board for the Building Standards Commission hear any appeals from decisions of the Historic and Cultural Landmarks Commission and Downtown Design Review Board, and WHERAS, the Crty Council accepted the recommendation of staff and requested all appropriate ordinances be amended, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS SECTION 1. Chapter 7 Article IV of the Code of the City of Fort Worth, Texas (1986), Division 2 Administration is amended by amending Section 7 78 Appeals Board" as set forth below so that hereafter Division 2 shall read as follows. Sec. 7 78 Appeals Board (a) The City Council hereby establishes an Appeals Board for the purpose of hearing appeals from the Building Standards Commission, the Downtown Design Review Board and the Historical and Cultural Landmarks Commission as well as any other boards or commissions as determined by the Crty Council. (b) The board shall consist of nine (9) members, each of whom shall be a duly qualified elector and a resident of the City of Fort Worth. Each member of the board shall be appointed by the City Council. It is the declared policy of the City that the Crty Council shall consider for appointment to the Appeals Board only those persons who have demonstrated their civic interest, general knowledge of the community independent and mtelhgent~udgment, understanding of building standards, understanding of historic preservation, understanding of neighborhood integrity and availability to prepare for and attend appeal sessions, and who by reason of diversity of their occupations, constitute a board which is broadly representative of the community (c) The members of the Appeals Board shall be identified by place numbers 1 through 9 The individuals appointed to Place 1 must be licensed to practice law in the State of Texas. Licensed attorneys that serve as member(s) in Place 1 shall have a working knowledge of real property law constitutional law business law and civil litigation. (d) Except as provided in subsection (e) below members of the Appeals Board shall be appointed for two-year terms, unless removed prior to the expiration of the term. Members of the Appeals Board shall be subject to removal at any time by the Crty Council. (e) Members of the Appeals Board in odd-numbered places shall serve terms expiring September 30 of odd-numbered years. Members of the appeals board m the even-numbered place shall serve terms expiring September 30 of the even-numbered year (fJ Any vacancy in the membership of the Appeals Board shall be filled by the City Council for the un-expired term of the member whose place has, by removal or otherwise, become vacant. Vacancies shall be filled vv~tlun sixty (60) days after City Council removes the member or within sixty (60) days-- after the Crty Council receives notice of the member's resignation. Appeals Board members may be appointed to succeed themselves. (g) The Appeals Board shall follow all established procedures and standards on the effective date thereof. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordmance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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 unconstitutional by the vahd~udgment or decree of any court of competent~urisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordmance, since the same would have been enacted by the Crty Council without the incorporation m this ordmance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinance amended m Section 1 which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and cr-moral; whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That the Crty Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 6. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY By• ~eao~~J P~ City Attorney ADOPTED August 15, 2006 EFFECTIVE. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 8/15/2006 Ordinance No 17099-08-2006 DATE Tuesday August 15 2006 LOG NAME 12APPEALSBOARD REFERENCE NO G-15344 SUBJECT Adoption of an Ordinance Amending City Code Section 7 78 to Increase the Membership of the Appeals Board to Nine Members and Grant Authority to the Appeals Board to Hear Appeals from the Historic and Cultural Landmark Commission and Downtown Design Review ~~w~~,s RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 7 78 of the City Code to increase the membership of the Appeals Board from five to nine members and to grant authority to the Appeals Board to hear appeals from the Historic and Cultural Landmarks Commission and Downtown Design Review Board DISCUSSION In February 2006 the City Council revised the appeals process for the Historic and Cultural Landmarks Commission and the Downtown Design Review Board so as to provide for the hearing of the appeals by the Appeals Board for the Building Standards Commission The attached ordinance will amend Chapter 7 Article IV Division 2 of the City Code by amending Section 7 78 The amendment would expand the membership of the Appeals Board from five members to nine members and grant authority to the Appeals Board to hear administrative appeals of the Building Standards Commission Historic and Cultural Landmarks Commission and the Downtown Design Review Board The board members will be appointed by the City Council FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b~ Originating Department Head. Additional Information Contact: FROM Fund/AccountlCenters Richard Zavala (Acting) (6222) Libby Watson (6183) David Yett (7623) Gerald Pruitt (7616) Christopher B Mosley (7603) Carl Smart (6345) Logname 12APPEALSBOARD Page 1 of 1