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Home My WebLink AboutOrdinance 11286 ,y ORDINANCE NO. ~~ ~: AN ORDINANCE AMENDING ORDINANCE N0. 11032, ORDINANCE NO. 11156, AND ORDINANCE 11212 TO EXTEND A MORATORIUM ON THE DEMOLITION OR REMOVAL OF CERTAIN HISTORICALLY SIG- NIFICANT 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FOR SUCH DEMOLITION OR REMOVAL, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON APRIL 30, 1993, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES PERTAINING TO HISTORIC BUILDINGS AND STRUC- TiJRES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWS- PAPER OF THE CITY OF FORT WORTH; AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City of Fort Worth regulates the use of histor- ically 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, in February of 1992 two historically significant buildings were demolished in the City of Fort Worth; and WHEREAS, the City Council determined that the status quo should be maintained so that historically significant buildings and structures would not be demolished or removed while the Landmark Commission, Zoning Commission and City Council considered possible revisions to the ordinances and regulations pertaining to historically significant buildings and structures; and WHEREAS, on March 3, 1992, the City Council adopted Ordinance No. 11032 that imposed a moratorium on the demolition or removal of historically significant buildings or structures or the issu- ance of City permits for such demolition or removal, so that such revisions may be considered; and WHEREAS, on August 25, 1992, the City Council adopted Ordinance No. 11156 that extended such moratorium until November 30, 1992; and WHEREAS, on December 3, 1993, the City Council adopted Ordinance No. 11212 that extended such moratorium until March 31, 1993; and WHEREAS, the Landmarks Commission and Zoning Commission have reviewed proposed revisions to the ordinances and regulations pertaining to historically significant buildings and structures and have forwarded such proposed revisions to the City Council for consideration; and WHEREAS, such proposed revisions are scheduled to be con- sidered by the City Council on April 13, 1993; and WHEREAS, the moratorium imposed by Ordinance No. 11032, Ordinance No. 11156 and Ordinance No. 11212 should be extended until midnight on April 30, 1993, so as to remain in effect until after the City Council has considered such proposed revisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, pursuant to the valid exercise of the police power granted to the City of Fort Worth, the moratorium heretofore imposed by Ordinance No. 11032, Ordinance No. 11156 and Ordinance No. 11212 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 such demolition or removal, is hereby -2- extended and shall remain in effect until midnight on April 30, 1993, and no such building or structure shall be demolished or removed or such permits issued during the period of such mora- torium. That such moratorium, as extended, shall remain in effect until the City Council repeals this ordinance or until midnight on .April 30, 1993, whichever occurs first. That the term "his- torically significant building or structure" shall mean buildings or structures listed in the Tarrant County Historical Resource Survey .as a primary resource and those listed in the National Register of Historic Places. SECTION 2. That the moratorium imposed by this ordinance shall not apply to buildings or structures owned by the Federal government or 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 to be such a threat to the health, safety or welfare of the community that its immediate demolition is war- ranted; nor shall the moratorium apply to buildings or structures for which a valid demolition permit was issued before March 3, 1992., the date when Ordinance No. 11032 was adopted. SECTION 3 That the purpose of this moratorium is to maintain the status quo concerning the demolition or removal of historically signifi- cant buildings or structures until proposed revisions to ordi- nances and regulations concerning such buildings and structures can be considered by the City Council. -3- ,. 'e SECTION 4. 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 5. 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 conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 6. That 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 ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. 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, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid -4- ... o 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, para- graphs 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 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption 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 9. 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 : 3 - ~` S - °~ 3 ADOPTED : ~ ®~ ® ' ~ \,J EFFECTIVE: ~ ~~~ '~'~ -5- 44. ~k i ~ ?. TEXAS Date File Number Subject Adoption of Ordinance Extending Moratorium on 3/30/93 CP- leg Demolition or Removal of Historic Buildings and Structures Proposed by COUNCILWOMAN City Man is Review Page -Lof -1_ JEWEL WOODS PROPOSAL It is proposed that the City Council adopt the attached ordinance which extends until midnight on April 30, 1993, the moratorium on the demolition or removal of historically significant buildings and structures and on the issuance of City permits for such demolitions or removals DISCUSSION In February of 1992, two historically significant buildings were demolished in the City of Fort Worth On March 3, 1992, the City Council adopted Ordinance No 11032, which imposed a six- month moratorium on the demolition or removal of historically significant buildings and structures and on the issuance of permits for such demolitions or removals The Council also appointed a study committee to review City codes and ordinances which regulate historic buildings and structures. The moratorium has been periodically extended and is currently set to expire on March 31, 1993. The Landmarks Commission and Zoning Commission were also asked to determine whether more effective code and ordinance provisions could be adopted to protect and preserve such buildings and structures in the City of Fort Worth Proposed revisions to such codes and ordinances have been drafted by the committee and reviewed by the Landmarks Commission .and Zoning Commission. The proposed revisions are scheduled to be considered by the City Council on April 13, 1993. The study committee requests that the moratorium be extended until midnight April 30, 1993, to permit the moratorium to remain in effect until after the Council considers the proposed revisions LEGALITY This proposal is within the powers of the City Council and there is no known legal impediment to its implementation. CITY MANAGER'S COMMENTS: The City Manager has reviewed this proposal and has no objection to it ~~~Ra~r~u ~~ CITY CO~JIyCIL s MAR 30 1993 Adlo~ted Qrdi~ance No.~~~ city s.cretuy of ehf city of Font Wors2t, Tesas ~ LEGALITY ~I FISCAL NOTE (~ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL COUNCIL PROPOSAL