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Home My WebLink AboutOrdinance 8308S s; ORDINANCE NO ~ ~~ AN ORDINANCE AMENDING SECTION 37-21 OF CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) AS AMENDED BY ADDING TO THE EXISTING SECTION THE PROVISION THAT CERTAIN LOTS REPLATTED INTO TWO LOTS TO ACCOMMODATE THE CONSTRUCTION OF A LIVING UNIT MAY BE SERVED BY EXTENSIONS FROM THE EXISTING SIN GLE WATER SERVICE LINE AND THE EXISTING SINGLE SEWER SERVICE LINE PROVIDING THAT SAID REPEAT SHALL CONTAIN A PRO- VISION DEFINING THE RESPONSIBILITY OF EACH LOT OWNER TO REPAIR AND MAINTAIN THE WATER AND THE SEWER SERVICE LINES PROVIDING THAT SAID REPEAT SHALL REQUIRE THE GRANTING OF EASEMENTS NECESSARY TO REPAIR AND MAINTAIN THE WATER AND SEWER SERVICE 'LINES MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL ORDINANCES AND PRO- VISIONS OF THE FORT WORTH CITY CODE TN CONFLICT HEREWITH PROVIDING A SAVIN GS CLAUSE PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That Section 37-21 of Chapter 37 of the Fort Worth City Code (1964) as amended be and the same is hereby amended and after having been so amended shall hereafter read and be as follows Sec 37-21 Separate meter required a) Two (2) or more residential business commercial or industrial units located on separate lots or tracts shall not be per- mitted to be supplied with one water meter or sewer service connection where there is a water or sewer main in front of the pre- mises but shall have separate water meters and sewerage service connections b) When there is a developed subdivision which on or before April 1 1981 has existing paved streets under which exist water and sewer mains with service taps of adequate size to serve each subdivision lot and should a lot of that subdivision on which no dwelling units have been constructed be replatted into two lots to accommodate the construction of a dwelling unit on each of the two replatted lots the two lots thus created may be served by extensions from the existing single water service line and the existing single sewer service line provided that such extensions have service taps of adequate size as specified in Section 37-26 (a) (2 } herein 'Each such replat shal-1 contain a pro- vision that the owners of the replatted lots shall share equally in the cost of repairing and maintaining that portion of the sewer service line from the sanitary sewer main to the point where the sewer line forms a wye to serve each lot that each lot owner shall be individually responsible for the cost of repairing and maintaining that portion of the sewer service line which extends from the wye to serve his lot that each lot owner shall be individually responsible for the cost of repairing and maintaining that portion of the water service line which extends from the discharge side of the water meter to serve his lot and that in no event shall the City of Fort Worth be liable for main- taining or repairing the water or sewer service lines which are herein made the responsibility of the lot owners 'Each such replat shall also provide that the property owner on whose property the water or sewer service is introduced directly from the water or sanitary sewer main shall grant to the adjacent property owner on whose property the water or sewer service is extended such easements necessary to permit the adjacent property owner to enter upon the property where the service is introduced for the purpose of repairing or maintaining the extension line servingchis lot or that portion of the sew~r~ service line shared jointly by the two lot owners SECTION 2 That this ordinance shall repeal every prior ordinance and pro- vision of the Fort Worth City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict a nd as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith this ordinance shall be and is hereby made cumulative SECTION 3 That all rights or remedies of the City of Fort Worth Texas are expressly saved as to any and all violations of Chapter 37 or of any amendments thereto of the Fort Worth City Code (1964) as amended which have accrued at thettime of the effective date of this ordinance and as to such accrued violations the Court shall have all of the powers that existed prior to the effective date of this ordinance 4 -2- .~ 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 para- graph 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 SECTION 5 That t.hi~s~ordinance shall become effective and 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 ~~~'- City Attorney ADOPTED BY THE CITY COUNCIL ---_~-L--- EFFECTIVE -3- ~' City of Fort Worth, ~exa~ Mayor and Couaacal Cornrnun~.ccataon c.iTr conE ~ 6cT~t9ilt DATE REFERENCE SUBJECT Amendment to 0 37-2 PAGE NUMBER 3/31/81 Separate Meter Required 1 G-49 35 i of Subdivisions exist in the City in which owners desire to replat the developed property into two lots in order to construct a living unit on each The current City ordinance requires that °9two or more residential business commercial or industrial units located on separate lots or tracts shall not be permitted to be supplied with one water meter or sewer service connection where there is a water or sewer main in front of the premises but shall have separate water meters and sewer service connections" In order to prevent the cutting of paved streets to install separate service life for each replatted lot, it is proposed that the ordinance be amended to permit the utilization of one water service line and one sewer service line t0 serve two living units constructed on separate lots From the service standpoint two living units can be supplied by the existing one-inch water service line The existing sewer service line can adequately serve two living units However the problem with the common use of one sewer service line is that in the future when there is a maintenance problem on the sewer service the experience has been that property owners do not cooperate in correcting a malfunction of a common sewer service line The proposed amendment change would provide for the two building units to be ser- ved by single water and single sewer service lines To overcome the potential problem in .maintaining a common sewer service line the replat would stipulate that the owners of the replatted lots shall share equally in the cost of repair- ing and maintaining that portion of the sewer service line from the sanitary sewer main to the point where the sewer line forms a 'Y to serve each lot It also requires the owners of the adjacent Lots shall provide easements when necessary to accommodate service lines to the other building Recommendation /4~V 0~,0/~/AAIC~' ~3E A DOp~p Co 0~ It is recommended that;/~the amendment to Section 37-2I of the City be a~a~ded to allow single water and sewer service lines of adequate size to serve two dwelling units on separate lots ir. newly developed areas existing before April 1 1981 APPROVED BY CITY COUNCIL WRH j c ~'AR ~~ t°~$1 SUBMITTED FOR THE CITY MANAGER'S ~ ~ DISPOSITION BY COUNCIL: ~~PR~bCEhS~ED~BY nFFICE BY: ^ APPROVED ~^ QCaCy Of Che ORIGINATING ^ OTHER (DESCRIBE) ~ ~ ®~ bkC FtpxCh, TezaB DEPARTMENT HEAD: L2S Robinson y~ v L ~ CITY SECRETARY FOR ADDITIONAL INFORMATION a.`~, CONTACT LeS Robinson Ext 8220 ~o ~~~ DATE ~., The staff believes the proposed amendment would be a better option to the instal al tion of separate services with the need to cut newly paved streets Furthermore the proposed amendment would apply only to subdivisions developed with paved streets on or before April 1 1.981 It would not apply to subdivis developed subsequent to the adoption of the ordinance