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Home My WebLink AboutOrdinance 11510ORDINANCE NO. ~--~-L= ~l/ AN ORDINANCE EXTENDING 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SUCH DEMOLITION OR REMOVAL, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON SEPTEMBER 15, 1994, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF CERTAIN AMENDMENTS TO CHAPTER 7 (BUILDINGS) OF THE FORT WORTH CITY CODE AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH AND PENDING THE FORMAL LISTING OF CERTAIN BUILDINGS AND STRUCTURES IN AN HISTORIC RESOURCES SURVEY PURSUANT TO CHAPTER 7 (BUILDINGS) OF THE FORT WORTH CITY CODE; 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. WHEREAS, the City of Fort Worth regulates the use of historically significant buildings and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other City ordinances and regulations; and WHEREAS, the Historic and Cultural Landmarks Commission and Zoning Commission of the City of Fort Worth heretofore recommended proposed revisions to City ordinances and regulations pertaining to historically significant buildings and structures and forwarded to the City Council three proposed ordinances revising Chapter 7 (Buildings), Chapter 25 (Planning) and Appendix "A" (Zoning) of the Fort Worth City Code. respectively; and WHEREAS, on April 13, 1993, the City Council adopted the three ordinances recommended by the Historic and Cultural Landmarks Commission and Zoning Commission (Ordinances No. 11293, No. 11294 and No. 11295); and WHEREAS, Ordinance No. 11295 revised Chapter 7 (Buildings) to establish procedures to review historically significant buildings and structures and to list them in an "Historic Resources Survey"; and WHEREAS, after a building or structure is listed in the Historic Resources Survey, it cannot be demolished or relocated unless a Certificate of Appropriateness is obtained as provided in Division 2, Chapter 7 (Buildings) of the Fort Worth City Code; and WHEREAS, on April 13, 1993, the City Council also adopted Ordinance No. 11276 which imposed a moratorium on the demolition of certain historically significant buildings and structures to permit the procedures established by Ordinance No. 11295 to be complied with and to determine the specific buildings or structures which will be listed on the Historic Resources Survey; and WHEREAS, the City Council has subsequently adopted ordinances extending such moratorium until midnight on March 15, 1994; and WHEREAS, the moratorium is scheduled to expire on March 15, 1994, but additional time is required for the City Council to consider certain proposed amendments to Chapter 7 (Buildings) of the Fort Worth City Code and to the Comprehensive Zoning Ordinance of the City of Fort Worth and for the Landmarks Commission to finalize the listing of buildings and structures on the Historic Resources Survey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- SECTION. 1. That pursuant to the valid exercise of the police power granted to the City of Fort, a moratorium is hereby imposed 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 the demolition or removal of such buildings and structures, and no such building or structure shall be demolished or removed nor permits .issued for such demolition or removal during the period of such moratorium. That such moratorium shall remain in effect until the City Council repeals this ordinance or until midnight on September 15, 1994, whichever comes first. That the term "historically significant building or structure," as used herein, shall mean a building or structure which the Tarrant County Historic Resources Survey identifies as listed or eligible for listing under applicable criteria for a) inclusion on the National Register of Historic Places or listing as a contributor to a proposed National Register thematic group in accordance with the National Historic Preservation Act (16 USCA §470 et seq.) , b) designation as a Recorded Texas Historic Landmark in accordance. with Chapter 442, Texas Government Code; c) designation as a State Archeological Landmark, in accordance with .Chapter 191, Texas Natural Resources Code; or d) designation by the City as an "HC" Overlay District ("HC" Historic and Cultural Landmark Sub District), in accordance with Section 2-G of the Comprehensive Zoning Ordinance. That a copy of the. Tarrant County°dHistoric Resources Survey which consists of four volumes on file in the Office of the Director Planning of the City of Fort Worth, 1000 Throckmorton, -3- Fort Worth, Texas, is hereby made a part of this .ordinance by reference. SECTION 2. That the moratorium imposed by this ordinance shall not apply to buildings or structures owned by the Federal government or the State of Texas and shall not limit the power of the City to order the demolition of a building or structure that is determined by the Building Official and the Landmarks Commission 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 15, 1994. SECTION 3. That the purpose of this moratorium is to maintain the status quo concerning the demolition or removal of historically significant buildings or structures until the City Council is able to consider certain amendments to Chapter 7 (Buildings) of the Fort Worth City Code and to the Comprehensive Zoning Ordinance of the City of Fort Worth and until procedures are complied with to list certain buildings or structures in the Historic Resources Survey as provided in Chapter 7 (Buildings) of the Fort Worth City Code. SECTION 4. That the owner of a building or structure which is affected by the moratorium imposed by this ordinance may, during the period of such moratorium, seek a permit for the demolition or removal of such building or structure by complying with the Certificate of -4- P,ppropriateness provisions of Division 2, Chapter 7 (Buildings) of the Fort Worth City Code. SECTION 5. 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. SECTION 6. 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 conf.~icting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 7. That any person, firm or corporation who violates, disobeys, omits, neglects or refusesr 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 ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, -5- s clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. That City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 10. That this ordinance shall be in full force and effect from and after its passage and publication, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : 2' "Z 3 -' ADOPTED: ~° ~"~ ~~ EFFECTIVE ° ~ -~ -6- ' z. City of Fort Worth, Texas Mayor and Council C'cn~r~munication DATE RSFERENCS NIIMB$R LOG NAME FAGS 03/01 /94 G10566 12HIST-BUILD 1 of 2 SIIBJSCT ADOPTING OF ORDINANCE EXTENDING MORATORIUM ON DEMOLITION OR RELOCATION OF CERTAIN HISTORIC BUILDINGS, STRUCTURES AND PROPERTY RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which extends until midnight September 15, 1994, a moratorium on the demolition or relocation of certain historically significant buildings, structures and property and on the issuance of City permits for such demolitions or relocations DISCUSSION On April 13, 1993, the City Council adopted three ordinances to protect certain historically significant buildings, structures and.property These ordinances amended Chapter 7 (Buildings), Chapter 25 (Planning) and Appendix "A" (Comprehensive Zoning Ordinance) of the Fort Worth City Code They were drafted by a special committee appointed by the City Council and were recommended by the Landmarks Commission and Zoning Commission On April 13, 1993, the City Council also adopted Ordinance No 11296, which imposed a six- month moratorium (until midnight on October 15th) on the demolition or relocation of any building's, structures or property which are listed in the Tarrant County Historic Resources Survey This moratorium was subsequently extended to expire at midnight on March 15, 1994, so that additional citizen input could be obtained regarding possible amendments to the three historic preservation ordinances The City Council Historic Preservation Committee is diligently studying such possible amendments but still has not completed its work It is therefore recommended that the City Council adopt the attached ordinance extending the current moratorium until midnight on September 15, 1994 Under the attached ordinance the owner of a building, structure or property which is affected by the moratorium may seek permission for demolition or relocation during the moratorium by complying with the Certificate of Appropriateness provision of Division 2, Chapter 7 (Buildings) of the .Fort Worth City Code ~~ Prin[etl on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 03/01 /94 REFERENCE NUMBER G-10566 LOG NAME 7 2HIST-BUILD PAGE 2 of 2 svBJECT ADOPTING OF ORDINANCE EXTENDING MORATORIUM ON DEMOLITION OR RELOCATION OF CERTAIN HISTORIC BUILDINGS, STRUCTURES AND PROPERTY FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the recommended action does not require the expenditure of any City funds CBI I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRBTARY Office by (to) APP R VED O Ramon Guajardo 6191 A 1y ~,~ Cct Y V V U ~~~~ Originating Department Head i~iArZ A 1994 Wade Adkins 7623 (from) ~ ~'~"x'J For Additional Information Clt~SetsietargOf Ole Contact CityOYFOYtWOt~tb7~exes Wade Adkins 7623 A~Inr~ted r finance o. / /Q' •-~ Printed on recycled paper