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Ordinance 10026
c ORDINANCE No. ~D AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWER," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTIONS 35-4, 35-5 AND 35-57; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLL- MENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 35-4 of Chapter 35 of the Code of the City of Fort Worth (1986), as amended, is hereby further amended to read as follows: "Sec. 35-4. Construction, maintenance of water lines and services. Every person engaged in the business furnishing water for domestic or industrial use in the city shall con- struct and maintain his lines and services as follows: (1) Depth. All pipelines and mains used for the purpose of distributing water for domestic or industrial purposes shall be constructed and installed in the streets, alleys and public thoroughfares of the city at least thirty-six (36) inches from the top of the pipe to the improved grade as fixed and established by the city engineer. (2) Type "K" Copper Tubing Required. All pipelines or service lines used for the purpose of conveying water from the main or distributing line to the meter shall be of type "K" copper tubing and shall be installed and constructed at least thirty (30) inches below the established grade to the top of the pipe. (3) Water Main Replacement in Public Ways. All water mains in the streets, alleys, or public thoroughfares where permanent placement with concrete base is to be constructed, shall be replaced with pipe meeting Water Department specifications in effect as of the time the replacement is to be made. (4) Digging in Streets. No pipeline or service line shall be constructed and no repairs shall be made on lines already installed, which require any character of excavation or digging in the streets, alleys and public thoroughfares of the city, without first making application and securing from the Director of Public Works a permit to do such work. (5) Requirements of National Board of Fire Underwriters. All water distribution system of mains shall be designed to meet all requirements of the National Board of Fire Underwriters as to adequate capacities for public fire protection and public fire hydrant spacing." SECTION Z. That Section 35-5(a) of Chapter 35 of the Code of the City of Fort Worth (1986) , as amended, is hereby further amended to read as follows: "(a) No building shall be constructed over- an exist- ing sanitary sewer main until such sewer has been replaced with ductile iron pipe of a type and class specified by the water department." SECTION 3. That Section 35-57(e) of Chapter 35 of the Code of the City of Fort Worth (1987), as amended, is hereby further amended to read as follows: " (e) The city water department is a charge according to the schedule section (b) of this section against abutting lot served by each sewer service lateral constructed under sub; section. authorized to make set out in sub- the owner of each tap and/or sewer section (c) of this For the purpose of this section, a sanitary sewer tap is hereby defined as a connection to a public sanitary sewer located in a public street and extended to a point approximately three ( 3 ) feet behind the curb line adja- cent to the property served thereby. The sanitary sewer tap is constructed at the expense of the owner of the abutting property. Prior to the commencement of the orig- inal initial service to an abutting lot, the sanitary -2- sewer tap shall be maintained by the City Water Depart- ment. After service has commenced, the sanitary sewer tap shall be maintained at the expense of the owner and is not a part of the public sanitary sewerage system. Prior to any construction of a building sewer lat- eral, the owner shall verify in writing that the sewer lateral is capable of being installed to such a grade that will permit a sanitary sewer tap to be made by City forces. Verification will be made by a drawing depicting the grade of the sanitary sewer lateral and the elevation of the sanitary sewer tap. In the absence of such verifi- cation that portion of any building sewer to be construc- ted by the plumber or the person securing a permit shall not be constructed prior to the completion of the sani- tary sewer tap by the Water Department forces." 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 unconstitu- tional 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. SECTION 5. This ordinance shall be cumulative of all provisions of ordi- nances 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 conflicting provisions of such ordinances and such Code are hereby repealed. -3- SECTION 6. The 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 7. Phis ordinance sYiall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: //~~City Attorney Date: /~~~~, ADOPTED: ~~. ~~~~~/ EFFECTIVE: ~ ~~~,~_ ord7 -4- i+ii~r6R'F14~:•I1 / ~ ~2~~/ ® ~' ®11'~ ~®D°~~,, ~~:~~.~ ACCOU NT4N0~ Z TRANtI'PORTA710N~PU8LIC W~~ V"1L 11.(L (L~/ ®~ +L.IV 0 (L~ ~®~tV U 1(ilV (li~ ~j©~~~~~~~~~(~+ULISi~®~ NAYER AOMINISTRATIUN i DATE. REFERENCE suB~ECT ~PRO~POSED- ORDINANCE AMENDING PAGE NUMBER 12/0$/87 C~~APTER 35, "WATER AND SOWER", OF 1 G-7365 fiiE CODE OF 'THE CITY nF FnizY wni~TN t of-_.__ Recommendation It is re .o+mnen 1~~_i that the attached ordinance ~~e adapted effective January 1, 1988, arnending Section 35-4, 35-5 and 35-57 of Chapter 35 of the Fort Worth City Code, to mucliFy terminology, material require~nznts and to expand on the definition of a sanitary sewer tap Discussion It is necessary to update the bJater and Sewer Ordinance under the following sel:ti ons Section _35-4 Construction, Maintenance of Water Lines_and_Services This section i s anended t ~ up(iate the material requi re nents ~~~^ ~•v,~:~~r system consir•uctiun and delete reference to lead ;ripe and .ast iron pipe. Section 35-5 Replacement of Sewer Mains at Time of Construction of Buildings This section i s a+nen d -~ ~ i;o delete the reference to cast i ro!1 ,~i pe and insert the required iu~i;ile iron pipe Section 35-57 Connection Charge To add to the definiti~~ ;~f a sanitary sewer tap to clarify that the tap is constru ctelj and maintained by the owner and is not a part of the sanitary sewer system Also, t'r,i; ,-,i i~~ is an=~n+ied to specify that t'ne private plumbing should not ~~a installed prior to the sanitary sewer tap being installed to reduce problems with Inakiny the conne ction between tna_ tap and the house lateral RAM wl APPROVED BY, ciT~r, cou~uc~L ~~~ l~ 1987 ~l~ cttg stra~t~ ~ ;~~ Cite of Fart ~ffa;.v"st„ 1'e:s;~ze SUBMITTED FOR Ihit CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY David I Or C~ APPROVED GRIGINATING [_ OTHER (DESCRIBE) DEPARTMENT HEAD Richard Sawey CITY SECRETARY FCR ADCITIONAL INFORMATION F Crumb-8240 Adopted Ordinance No. CONTACT DATE