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Home My WebLink AboutOrdinance 10752 ORDINANCE NO. ~~ /~'~ AN ORDINANCE AMENDING SECTION 35-58, OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN WATER CHARGES, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE, REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF' FORT WORTH IN CONFLICT HEREWITH.; PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTTON 1 That Section 35-58, Front Footage Charges for Service Connections of Chapter 35 of the Code of the City of Fort Worth (1986), as amended, be and the same is hereby amended and, after having been so amended, shall hereinafter read and be as follows: "Sec. 35-58 Front Footage Charges for Service Connection. (a) In addition to other connection charges provided in this chapter,, a front footage charge shall be paid for all service connections made from and after the effective date hereof to all water and sanitary sewer mains in the following cases (1) Service connections made to an approach facility constructed by a developer or single customer property owner before December 31, 1983. (2) Service connections or extensions made to serve adjacent property from an approach facility constructed by a developer or single customer property owner after December 31, 1983 (3) Service connections or extensions made to vacant lots from a water main that has been replaced at developer or single customer property owner cost. (4) Service connections or extensions made to vacant lots from a facility installed by multiple single customer .property owners ~~c~ RECOao t -1 P,FtY 3EC~ETAAY I ~. WOATH, TfX. (b) The following definitions shall be used in interpreting this section (1) Single Customer Property Owner shall mean an existing occupied residential establishment or an existing commercial establishment. (2) Developer shall mean any type of new customer other than 'single'. (3) Commercial establishment shall mean any establishment other than a one or two-unit residence (4) Front Footage shall mean the number of linear feet in that portion of a property boundary abutting a street, alley or easement containing a sanitary sewer or water main for which front footage charges are collected for connection. (c) In the case of an easement containing a sanitary sewer for which footage charges are collected for connection, which sewer crosses through the property served, the boundary on which the front footage charge is to be based shall be the length of the sewer within the limits of such property measured along the center line of such sewer. (d) Front footage to be used in application of front footage charges shall be determined as follows (1) The front footage charge shall apply directly to property platted into the usual rectangular lots or tracts of 1 and (2) Where the property served is irregular in shape, the front footage shall be computed as one-sixth (1/6) of the perimeter of such property. The payment of front footage charges by the customer shall be the lesser amount as calculated above, or as calculated by the number of linear feet of property abutting a street, alley or easement containing a sanitary sewer or water facility. A front footage charge will be due each time a connection is made to a different water or sewer main from such irregular shaped lot or tract {2) On property which is rectangular in shape and has more than one (1) boundary abutting a street, alley or easement containing a sanitary sewer or water facility serving the property, only that boundary across which a connection is effected will be used in determining front footage charges. -2- (4) The amount of the front footage charge to be made fvr each service connection to a water main under this section shall be nine dollars and fifty cents ($9.50) per front foot . (5) The amount of the front footage charge to be made for each service connection to a sanitary sewer main under this section shall be ten dollars and thirty cents ($10 30) per front foot . (6) The front footage charges prescribed herein shall become effective January 1, 1991, and shall apply to all developer projects on which construction bids have not been opened by that date (7) The applicable front footage charges required hereunder for water or sanitary sewer service connections shall be paid before a plumbing permit can be issued SECTION 2 That this ordinance shall repeal every prior ordinance and provision of the Code of the City of Fort Worth, Texas (1986), as amended, in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Code of the City of Fort Worth not in direct conflict herewith, this ordinance shall be and is hereby made cumulative SECTION 3. That City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City SECTION 4. 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 valid judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section -3- SECTION 5. This ordinance shall be in full force and effect from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY' ITY AT RNEY DATE' ~Z'~-~8 ADOPTED' f~' ~~~~~ EFFECTIVE' ~~-~ ~~~~~ DATE REFERENCE SUBJECT ADOPTION OF ORDINANCE PAGE NUMBER ESTABLISHING FRONT FOOT CHARGES FOR 2 12-18-90 **G-8961 WATER AND SANITARY SEWER CONNECTIONS '°f -- T BE EFFE TIVE JANUARY , RECOMMENDATION It is recommended that: 1. The attached ordinance be adopted, to be effective January 1, 1991, amending Section 35-58 of Chapter 35 of the Fort Worth City Code decreasing front foot charges for water service connections from $10.40 per front foot to $9.50 per front foot and increasing front foot charges for sanitary sewer service connections from $9.75 per front foot to $10.30 per front foot; and 2. The Water and Sanitary Sewer Installation Policy be amended to incor- porate these front foot charges, such charges to become effective January 1, 1991, and to be incorporated into all developer projects on which bids have not been received by that date, and all extension projects not authorized for construction by that date. DISCUSSION: Pursuant to Chapter 395, Texas Local Government Code, the use of Extension Charges for extensions installed by Field Operations has been eliminated by the new Water and Wastewater Extension Policy adopted on October 1, 1990. These extension charges are calculated in order to determine the front foot charge. Extension charges are the average contract cost per linear foot of six and eight inch off-site and on-site water and sanitary sewer facilities completed from December 1, 1989, through November 30, 1990. Proposed front foot charges are one-half of the proposed extension charges. These proposed charges have been compared with the current extension and front foot charges as follows Comoutation of Prooosed Charges Current Proposed Extension Extension Proposed Charge Charge Current Front Front Foot Facility Per Foot Per Foot Foot Charge Charge Water $20.80 $19.00 $10.40 $ 9.50 Sanitary Sewer $19.50 $20.60 $ 9.75 $10.30 Under the new extension policy, a developer will pay the actual cost for extension of water and sanitary sewer mains. Where connections are made to existing mains, the front foot charges apply. The Community Facilities DATE REFERENCE NUMBER suB~ECr ADO~T'ION OF ORDINANCE PAGE 12-18-90 **G-8961 ESTABLISHING .FRONT FOOT CHARGES FOR 2 2 °f TO BE EFFECTIVE JANUARY 1, 1991 Policy is revised to provide water and sewer front foot charges as stated above. Similar recomputations and revisions of front foot charges will be made each six months, with the next charges to be based on completed contract costs for the period of June 1, 1990, through May 31, 1991. The next revi- sion will take effect July 1, 1991. It is necessary to provide for an orderly transition from the old front foot char ges to be effective January 1, 1991. The above recommendations have been prepared to meet that requirement. RG:c 60front aPPR01e~D BY C~~Y CQ~NCIL DEC ~.~' i990 ~~~ Citp Secretary of f$e City of For: 4Tox.h, 'f'eacacY SUBMITTED FOR THE CITY MANAGER'S OFFICE BY_ Ramon Gua ~ardo 6191 DISPOSITION BY COUNCIL: ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Richard Sable 8246 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTA T Adopted Ordenance No l~~~02 C Frank Crumb 8240 . DATE