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ORDINANCE NO ~1~
AN ORDINANCE EXTENDING A MORATORIUM ON THE DEMOLITION
OR REMOVAL OF CERTAIN HISTORICALLY SIGNIFICANT BUILDINGS
AND STRUCTURES IN THE CITY OF FORT WORTH AND O.N THE
ISSUANCE OF PERMITS FOR SUCH DEMOLITION OR REMOVAL, WHICH
MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON
JANUARY 13, 1995, UNLESS SOONER REPEALED BY THE CITY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, PROVIDING A PENALTY CLAUSE,
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 the Zoning.
Commission (Ordinances No 11293, No 11294 and No 11295), and
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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
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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 November 13, 1994, and
WHEREAS, the moratorium is scheduled to expire at midnight on November 13,
1994, but additional time is required for the Zoning Commission and 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
to seek citizen input on such amendments,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
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SECTION 1
Pursuant to the valid exercise of the police power granted to the City of Fort
Worth, 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 Such moratorium shall
remain in effect until the City Council repeals this ordinance or until midnight on
January 13, 1995, whichever comes first 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
A copy of the Tarrant County Historic Resources Survey which consists of four
volumes on file in the Office of the Director of Planning of the City of Fort Worth.,
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1000 Throckmorton, Fort Worth, Texas, is hereby made a part of this ordinance by
reference
SECTION 2
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 November 13, 1994
SECTION 3
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
SECTION 4
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 Appropriateness provisions of Division 2, Chapter 7 (Buildings) of the
Fort Worth City Code
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SECTION 5
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
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 conflicting provisions of such
ordinances and Code are hereby suspended for the period during which this ordinance
is in effect
SECTION 7
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses 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 (5500 00) for each
offense Each day that a violation is permitted to exist shall constitute a separate
offense
SECTION 8
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
void, ineffective or unconstitutional by the valid judgment or final decree of a court of
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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
The 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
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
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City Attorney
Date ~ ~ ' R -
ADOPTED ~~- ~~ ~~
EFFECTIVE ~~ ~'' ~`~
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City of Fort Worth, Texas
Mayor and Council Communiccation
DATE RSFSRrsNCS NLTMBSR G10873 LOG NAME PAGS
11 /08/94 12DEM0 1 of 2
I SUSJSCT I ADOPTION 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 on January 13, 1995, 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 asix-
month moratorium (until midnight on October 15, 1993) on the demolition or relocation of any
buildings, structures or property which is listed in the Tarrant County Historic Resources Survey
This moratorium was subsequently extended to March 15, 1994, to September 15, 1994, and
to November 13, 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, including the creation of a category of highly significant endangered properties and
the offering of incentives for stabilization and renovation of such properties Additional time is
needed to study the fiscal impact of such incentives and to seek citizen input on such
amendments It is therefore recommended that the City Council adopt the attached ordinance
extending the current moratorium until midnight on January 13, 1995
Under the attached ordinance the owner of the 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
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City of Fort Worth, Texas
Mayor and Council Communication
DATE
11 /08/94 RBFSRSNCB NUl~BR G10873 LOG NANS
12DEM0 PAGE
2 of 2
svsJSCT ADOPTION 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
expenditure of any City funds
CBI
recommended action does not require the
Submitted for City 1lfanager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (m)
Charles Boswell 8500
Ori~ating Department Head:
Wade Adkins 7623 (from)
For Additional Information
Contact:
Mazsella Olson 7631
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